ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01785
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Air Medal (AM) and the Purple Heart (PH) medal
due to his service during World War II.
________________________________________________________________
RESUME OF CASE:
By virtue of an application dated 27 Mar 10, the applicant
requested he be awarded the AM, PH medal, Presidential Unit
Citation (PUC), American Campaign Medal (ACM), Euro-African
Middle Eastern Campaign Medal (EAMECM), Prisoner of War (POW)
Medal, and World War II Victory Medal (WWIIVM). He contended
the Air Force neglected to award these decorations to him upon
his discharge. The Air Force office of primary responsibility
was able to substantiate the applicants claims to the ACM,
EAMECM, POW Medal, and the WWIIVM and corrected his records
administratively. On 26 Oct 10, the Board considered and denied
his remaining requests, indicating the applicant had failed to
meet his burden of proof as he had not provided sufficient
documentary evidence of his entitlement to the AM, PUC, or PH
Medal. For an accounting of the facts and circumstances
surrounding the applicants case, and the rationale of the
earlier decision by the Board, see the Record of Proceedings at
Exhibit E (with Exhibits A through D).
In a letter dated 5 Feb 11, the applicant requests
reconsideration of his requests for the AM and PH Medal based on
his belief the Board erred when making their determination the
applicant had not provided sufficient evidence. Specifically,
the Board erred by giving credence to information reflected in
his military personnel records indicating he had only flown
three combat missions in the face of the evidence he provided
showing he had actually flown eight combat missions. The Board
inappropriately discounted this evidence, reports from the 44th
Bomb Groups 8th Air Force database, based on the false belief
the data was derived from an unofficial source. On the
contrary, these reports are derived from the 44th Bomb Group
Veterans Association database which is an online library
preservation site of actual Eighth Air Force records from WWII.
Furthermore, the applicant argues the noticeable omission of any
information related to his status as a POW is further evidence
his records were erroneous and incomplete and should not have
been given credence over the evidence provided. As for his
claim related to the PH Medal, the applicant argues that he was
injured when his plane crashed and therefore should have been
awarded the PH Medal. He argues that two of the crew of his
aircraft passed away from hypothermia and were awarded the PH
Medal. As such, he should be awarded the PH Medal as he too
suffered the effects of hypothermia and other injuries, but
because he was fortunate enough to survive, he was not awarded
the PH Medal.
In support of his request, the applicant provides a statement of
counsel and copies of additional reports from the 44th Bomb
Group Veterans Association web site and three supporting
statements.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After again reviewing this application and the evidence
provided in support of his appeal, we remain unconvinced the
applicant has been a victim of an error or injustice. We have
previously determined the applicant had not met his burden of
proof in demonstrating he was the victim of an error or
injustice warranting award of the AM and PH Medal. While the
applicants contentions are duly noted, his latest submission
has not persuaded us otherwise. Counsel argues the Board erred
when denying the applicants request for the AM in the face of
convincing evidence in the form of reports from the 44th Bomb
Group Veterans Association database, indicating that this
database is a library repository derived from actual WWII
records during the matter under review. Nevertheless, we do not
find these reports, in and of themselves, sufficient to convince
us to recommend granting the requested relief. In this respect,
we note these reports are not actual records, but are apparently
derived from manual data inputs which Counsel contends were
based on the original records. While we have no reason to
question Counsels integrity in the matter, we also have no way
of ascertaining with any certainty the fidelity of the
underlying data from which these reports are generated. We also
note Counsels contention the Board previously relied on these
reports in granting several similar cases; however,
notwithstanding our decisions in those cases, we do not believe
it appropriate to recommend granting relief based on a derived
source, especially when the actual records apparently still
exist. In this respect, we note the supporting statement from
the former Commandant of the Army War College and Counsels own
statement indicating the records from which the data base was
built were donated to the Army War College for historical
preservation. Therefore, in the face of the revelation these
records exist and in the absence of evidence to the contrary, we
find no basis to recommend granting the applicants request for
award of the AM.
2. As for his request related to the PH Medal, we find that it
does not meet the criteria for reconsideration by the Board as
the applicant has provided no new relevant evidence; and
reconsideration is authorized only where newly discovered
relevant evidence is presented which was not available when the
application was originally submitted.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of probable material error or
injustice; and the application will only be reconsidered upon
the submission of newly discovered relevant evidence not
considered with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01785 in Executive Session on 6 Dec 11, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 19 Nov 10,
w/Exhibits A through D.
Exhibit F. Letter, Applicants Counsel,
dated 5 Feb 11, w/atchs.
Panel Chair
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