RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02598

            INDEX CODE:      107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His great-uncle be awarded the Silver Star (SS) or  the  Distinguished
Flying Cross (DFC) for his actions on 21 Jul 44.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His great-uncle was not recommended for an award because  one  of  the
airmen he saved was taken captive by the Germans and the  others  were
killed.  He was not recommended for a decoration for his extraordinary
valor in the face of certain death.

In support of the request, applicant submits an obituary, DA Form 638,
Recommendation for Award, a Citation for Heroism, a Narrative  Report,
a copy of the Department of the Army Review Boards  Agency  letter,  a
personal statement, a copy of a Missing Aircrew Report, excerpts  from
his great-uncle’s personnel  file  and  another  aircrew  member’s,  a
letter from his great-uncle’s daughter, and a diagram of escape  exits
for a B-24 liberator bomber.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The member’s military personnel records were  destroyed  in  the  1973
fire at the National  Personnel  Records  Center.   His  reconstructed
military  records  indicate  he  served  with  the  734th  Bombardment
Squadron, 453rd Bombardment Group, 8th  Army  Air  Force,  as  a  tail
gunner on a B-24 Liberator during World War II.   He  served  overseas
from 19 Feb 43 to 21 Jul 44 and was considered missing in action until
on 28 Dec 44, when the War Department determined that he was killed-in-
action on 21 Jul 44.  He was posthumously awarded  the  Purple  Heart,
the Air Medal, the European-African-Middle Eastern Campaign Medal with
one Bronze Service Star, the World  War  II  Victory  Medal,  and  the
Honorable Lapel Button.

The SS is awarded by all branches of the Armed Forces  to  any  person
who, while serving in any capacity, is cited for gallantry  in  action
against an enemy of  the  United  States  while  engaged  in  military
operations involving conflict with an opposing foreign force, or while
serving with friendly forces against an opposing Armed Force in  which
the United States is not a belligerent party.

The DFC was established by Congress on 2 Jul 26, and  is  awarded  for
heroism or extraordinary achievement  while  participating  in  aerial
flight.  The performance of the act of heroism must  be  evidenced  by
voluntary action above and beyond the call of duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states, in part, that  after  a
thorough review of the applicant’s great-uncle’s military record, they
are unable  to  find  supporting  documentation  to  indicate  he  was
recommended for the award of the SS  or  DFC.   They  were  unable  to
verify he was awarded the SS or DFC as  a  copy  of  the  certificate,
special order, or a decoration recommendation  was  not  submitted  to
substantiate the award.  The applicant did not provide  an  eyewitness
statement.  Unfortunately, the applicant cannot recommend  his  great-
uncle for award of the SS or the DFC.  They recommend the  applicant’s
request  be  disapproved  based  on  a  lack   of   documentation   to
substantiate his request.

The DPSIDR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 Oct 07, for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP states, in part, that if the request had been boarded by  the
Secretary of the Air Force Personnel  Counsel  Decorations  Board,  it
would have been disapproved based on the lack of  documented  evidence
and the submission not meeting  Section  1130,  Title  10,  U.S.  Code
requirements.

Since the Board, is given greater  latitude  in  changing  a  member’s
records, they believe it should consider the applicant’s  research  in
its entirety and determine whether it meets the criteria for a  SS  or
DFC.

The SAF/MRBP evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation  was  forwarded  to  the
applicant on 19 Sep 8, for review and comment within 30 days.   As  of
this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant award of the  SS.   The
Board acknowledges that the SS is awarded to  any  person  who,  while
serving in any capacity, is cited for gallantry in action  against  an
enemy of the  United  States  while  engaged  in  military  operations
involving conflict with an opposing foreign force,  or  while  serving
with friendly forces against an opposing  Armed  Force  in  which  the
United States is not a belligerent party.  While the Board  recognizes
the heroic efforts of the applicant’s  great-uncle,  the  evidence  of
record does not show that he met the criteria for award of the SS.  In
this regard, we note the evidence of  record  shows  the  aircraft  in
which the applicant’s great-uncle was  assigned,  accidently  collided
with another U.S.  aircraft  prior  to  engaging  in  combat  with  an
opposing foreign force.  As such, he does  not  meet  the  established
criteria for award of the SS.  Therefore, in the absence  of  evidence
to the contrary, we find no compelling basis to warrant award  of  the
SS.

4.  Notwithstanding the aforementioned, sufficient  relevant  evidence
has been presented to demonstrate the existence of error or  injustice
to warrant award of the DFC.  The Board is persuaded by  the  evidence
of record the applicant’s great-uncle gave his life to save his fellow
crewmembers.  Due to the fact that the pilot  of  the  aircraft,  upon
which the applicant’s great-uncle was a crewmember, was  captured  and
held hostage by the Germans, and  the  imminent  death  of  the  other
crewmembers, he was not recommended for an award.  In this regard, the
Board notes the evidence of record shows the applicant’s  great-uncle,
in the face of certain death, sacrificed his own life for his  country
by helping two of his fellow crewmembers parachute from the plane, and
by assisting another crewmember who was  killed  after  he  parachuted
from the aircraft.  We believe the proper recognition for his  heroism
on this day is award of the DFC.  Therefore, the Board recommends  his
records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to, APPLICANT, be corrected to show that he  be  posthumously
awarded the Distinguished Flying Cross for heroism while participating
in aerial flight as a B-24, Tail Gunner, during a combat mission  over
Germany on 21 Jul 44.

_________________________________________________________________


The following members of the Board considered Docket  Number  BC-2007-
02598 in Executive Session on 19 Nov 08, under the provisions  of  AFI
36-2603:


                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Mr. James G. Neighbors, Member

The following documentary evidence was considered under Docket  Number
BC-2007-02598:

      Exhibit A. DD Form 149, dated 5 Aug 07, w/atchs.
      Exhibit B. Deceased Former Member’s Available Master Personnel
                 Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 10 Oct 07.
      Exhibit D. Letter, SAF/MRBR, dated 26 Oct 07.
      Exhibit E. Memorandum, SAF/MRBP, dated 9 Sep 08.
      Exhibit F. Letter, AFBCMR, dated 19 Sep 08.




      WAYNE R. GRACIE
      Panel Chair
AFBCMR BC-2007-02598



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he be posthumously
awarded the Distinguished Flying Cross for heroism while participating in
aerial flight as a B-24, Tail Gunner, during a combat mission over
Germany on 21 Jul 44.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency