RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01991
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The decedent be awarded the following awards and
decorations:
b. Air Medal with four Bronze Oak Leaf Clusters (AM
w/4 BOLCs).
c. Presidential Unit Citation (PUC).
d. Aerial Gunner Badge.
e. Aircrew Member Badge.
f. European-African Middle Eastern Campaign Medal with One
Bronze Service Star (EAMECM w/1 BSS).
g. American Campaign Medal (ACM).
h. Distinguished Flying Cross (DFC) for completion of
25 bomber missions.
i. DFC w/1 OLC.
j. Weapons Qualification Badge.
k. Any other medals, badges or ribbons that have not been
issued.
l. Certificates for the five AMs, Purple Heart (PH) and
DFC, if awarded.
2. A revised DD Form 214, Certificate of Release or Discharge
from the Armed Forces; or other official document showing the
decedents service and awards.
________________________________________________________________
APPLICANT CONTENDS THAT:
The decedent was a member of the Army Air Force when he was
Killed in Action (KIA) on 8 May 44. He was the Right Waist
Gunner and Assistant Flight Engineer on a B-17 on a mission to
bomb Berlin, GE. Upon attack by German fighter aircraft they
proceeded to the secondary target in Brunswick, GE when their B-
17 was fired upon causing the aircraft to explode in mid-air.
He should be awarded the DFC for completion of 25 combat bomber
missions during the worst aerial combat in US history. The
award of the DFC was automatic in 8th Air Force after completion
of 25 combat bomber missions.
He along with his crew should be awarded the DFC for their final
mission. The crew worked heroically to defend the B-17 as they
moved into the lead position. No awards were accomplished as
there were only two survivors who were captured as Prisoners of
War (POW). After their release, the war was over and time moved
on. The Missing Aircrew Reports and other Air Force records can
authenticate the events of 8 May 44.
His National Personnel Records Center (NPRC) records show he had
4 AMs but this is incorrect. The family has a photo of him
being pinned the AM w/4 BOLCs. A printout from the US
Government American Battle Monuments Commission shows he was
awarded the AM w/4 BOLCs.
His unit was twice awarded the PUC, formerly named the
Distinguished Unit Citation (DUC). He was present during the
second award when the unit was cited for extraordinary heroism
in action during a very long range mission inside of Poland.
NPRC records do not show he was awarded the Aerial Gunner Badge
or the Aircrew Member Badge. However, he was awarded both since
he completed training and served in a unit that completed combat
missions.
He participated in the Air Offensive Europe Campaign from 4 Jul
42 to 5 Jun 44 and should be awarded the EAMECM w/1 BSS.
He completed basic training and flight engineer mechanic school
at Sheppard Field, TX and aerial gunner training at Kingman, AZ.
Since he served in the Continental United States (CONUS) from
Sep 42 to Dec 43, he met the 15 month requirement for award of
the ACM.
If records can be found to show his qualifications with the M-
1 rifle, .45 caliber pistol or .50 caliber machine gun, the
Weapons Qualification Badge should be added to his list of
authorized awards.
In support of the applicants requests, he submits a personal
statement, copies of the decedents available records from the
NPRC, NA Form 13164, Information Releasable under the Freedom of
Information Act; news articles, letters of support, Air Force
Historical Research Agency (AFHRA) reports, MACR and various
other documents associated with his requests.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The decedent was a member of the Army Air Force when he was KIA
on 8 May 44.
The AM may be awarded to any person who while serving in any
capacity with the United States Armed Forces, subsequent to
8 Sep 39, distinguishes himself or herself by meritorious
achievement while participating in aerial flight. Additionally,
it may be conferred for sustained meritorious achievement
(distinction) in the performance of duties involving aerial
flight.
The Aircrew Badge, commonly known as Wings, is a qualification
badge of the United States military that is awarded by all
branches of the armed services to personnel who serve as crew
members on military aircrafts. The badge is intended to
recognize the training and qualifications required by aircrew of
military aircraft. In order to qualify as an aircrew member and
receive the Aircrew Badge, such personnel typically undergo
advanced training in aircraft in-flight support roles.
The EAMECM is awarded to service members assigned outside of the
CONUS in the European-African-Middle-Eastern Theater for at
least 30 days between 7 Dec 41 and 2 Mar 46.
The ACM was awarded to service members who served outside the
CONUS in the American Theater for at least 30 days between 7 Dec
41 and 2 Mar 46, or who served during that period for an
aggregate period of one year in the CONUS.
The DFC may be awarded to any persons who after 6 Apr 17, while
serving in any capacity with the United States Armed Forces
distinguishes themselves by 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. The extraordinary achievement must
have resulted in an accomplishment so exceptional and
outstanding as to clearly set the individual apart from comrades
or from other persons in similar circumstances. Awards will be
made only to recognize single acts of heroism or extraordinary
achievement and will not be made in recognition of sustained
operational activities against an armed enemy.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends disapproval for award of the AM, w/4
BOLCs, PUC, EAMECM w/1 BSS, ACM, DFC w/1 OLC and the Good
Conduct Medal (GCM). There is no official documentation in the
decedents limited personnel records to verify he was
recommended or awarded the aforementioned awards. His records
were damaged in the fire at the NPRC in 1973. NPRC was able to
reconstruct his records; however, it contains limited
documentation. Furthermore, the application was not submitted
in a timely manner as over 69 years have passed since the
decedent was KIA. Insufficient evidence has been provided to
support an injustice exists.
Due to the limited available records, there is no documentation
to verify dates of service or length of service to verify he
served three continuous years of honorable active military
service subsequent to 26 Aug 40 for award of the GCM. There is
also no official documentation to verify he served outside the
CONUS in the American Theater for at least 30 days or served
during that period for an aggregate period of one year in the
CONUS for award of the ACM. To grant relief would be contrary
to the eligibility criteria established by the War Department,
the Department of Defense and/or the Secretary of the Air Force.
On 5 Dec 13, the Purple Heart Review Board approved award of the
Purple Heart (PH). Upon signature of the PH certificate, DPSID
will contact the Next of Kin (NOK) for presentation desires.
After a thorough review of the decedents limited records, DPSID
was able to verify award of the World War II Victory Medal
(WWIIVM) and the Honorable Service Lapel Button (HSLBWWII).
Because he was KIA, there is no WD AGO 53-55, Enlisted Record
and Report of Separation Honorable Discharge; to update. Upon
the final decision of the Board, a copy of the DPSID evaluation
will be placed in his records as verification for award of the
PH, WWIIVM and HSLBWWII.
The complete DPSID evaluation is at Exhibit C.
USAF/A3O-AIF recommends approval of the request for the Aircrew
Member Badge. The supporting documents provided by the applicant
substantiate he met all requirements for permanent award of the
Air Force Aircrew Member Badge. Unfortunately, the Army Air
Gunners Badge (Wings) that was awarded during the time of the
decedents service is no longer in existence.
The complete A3O-AIF evaluation is at Exhibit D.
AFHRA/RS recommends the decedent be awarded the PH, WWIIVM,
HSLBWII, GCM, AM w/4 BOLC, DUC now known as PUC, EAMECM w/1 BSS
and ACM. AFHRA disagrees with the DPSID recommendation and
states there is an abundance of factual official documentation
to support the majority of the applicants requests.
AFHRA recommends approval of the AM w/4 BOLCs. The NA Form
13164 provided by the applicant shows he was awarded the AM
w/4 BOLCs. The NPRC data is based on official documentation
compiled prior to the 1973 fire and is now the primary source
for verification of these awards. The AFHRA has general orders
published from the World War II era and provides them to support
award of the AMs.
AFHRA is the only Air Force agency that maintains all Air Force
unit awards. The AFHRA listing of unit awards is based on
official documentation and is the final authority for all unit
awards. The decedent was assigned to the 338th Bombardment
Squadron, 96th Bombardment Group from December 1943 until his
death on 8 Mar 44. Both of these units were awarded the DUC for
its actions on 9 Apr 44 by War Department Order 58, 21 Jul 44,
and by Air Force Pamphlet 900-2, Honors and Ceremonies, Unit
Decorations, Awards and Campaign Participation Credits dated 15
Jun 71. As a member of the 96th Bombardment Group, he qualified
to receive the DUC, now known as the PUC.
AFHRA recommends approval for award of the EAMECM w/1 BSS. It
is clearly evident he was assigned to a unit in the area of
eligibility and was KIA while in aerial combat while serving in
the unit. The decedent and his crew participated in the Air
Offensive, Europe Campaign which lasted from 4 Jul 42 through
5 Jun 44. He gave his life participating in this campaign on
8 May 44, over Germany and is entitled to have a BSS affixed to
his EAMECM.
AFHRA recommends approval for award of the ACM. National
Archives and Records Administration (NARA) has verified he was
stationed at Sheppard Army Air Field, TX, Kingman Army Air
Field, Kingman, AZ, and Dalhart Army Air Field, TX from the
period of Sep 42 through Nov 43 which qualifies him for the ACM.
AFHRA recommends award of the GCM. The GCM was established on
28 Jun 41, by Executive Order 8809. The criteria was revised on
31 Mar 43, by Executive Order 9323 to include those who after
7 Dec 41, have or shall have honorably served one year of active
federal military service while the United States is at war. He
was in the Army Air Forces since Sep 42 and would qualify for
the GCM under the revised criteria as long as he was not under
any disciplinary actions such as court martial or any other
behavioral misdeeds. Those on aircrew status, such as the
decedent, were not allowed to remain on aircrew status if under
investigation for criminal behavior or if convicted of any
crimes in a court martial. Since he was on aircrew status when
he died in aerial combat on 8 May 44, there is no evidence of
any dishonorable service.
AFHRA recommends disapproval for award of the DFC w/1 BOLCs.
There is no official documentation, such as a recommendation or
General Order in his record to verify he was awarded the DFC. A
review of all relevant documentation failed to find the decedent
or his fellow crewmembers were submitted for or awarded the DFC.
While he qualifies for consideration for award of the basic DFC,
there is no compelling argument presented that he actually
performed in a manner that he met or exceeded the criteria for
the award. To warrant an award of the DFC for extraordinary
achievement while participating in aerial flight, the results
accomplished must be so exceptional and outstanding as to
clearly set him apart from his comrades who have not been so
recognized. The applicants request is based solely on the
number of missions accomplished; however, award of the DFC at
the time was not based on this single criterion. Moreover, the
applicant has not provided any compelling evidence that he
should now be considered for the DFC.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He thanks the AFHRA for their efforts and research to correct
the records. He agrees with the assessment of the AFHRA but
asks the Board to award the decedent and the rest of the crew
the DFC for their last fatal mission or for the completion of
their 25th mission.
It is his opinion that had the crew completed their 30th mission
they would have been awarded the DFC. The entire crew of the
Memphis Belle another 8th Air Force plane was awarded the DFC for
their 25th mission and tour completion. Due to the chaos of war,
severe combat losses, or the fact the crew was killed or
captured are the reasons why he did not receive at least one DFC
after having flown at least 25 missions. The policy of the 3rd
Bombardment Division was to award the DFC to aircrews upon
completing their tour; a tour was 25 missions for the basic
award. The policy was still in effect on 3 May 44 according to
the information provided by the AFHRA. The policy did not
change until 29 May 44.
The applicant disagrees with A3O-AIF that the decedent should
not be awarded the Aerial Gunner Badge because it is no longer
awarded. There are a lot of items that are no longer awarded
but that does not mean that one does not have their records
updated for old badges and campaign awards they earned. Please
award the Aerial Gunner Badge and the Air Force Aircrew Member
Badge.
Please issue the medals, decorations and award certificates as
they have no certificates for his PH or any of his five AMs.
In further support of his requests, a personal statement,
American Battle Monuments Commission information, photographs
and other various documents associated with his requests are
provided.
The applicants complete submission, with attachments, is at
Exhibit G.
________________________________________________________________
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 an error or injustice to warrant
award of the DFC w/1 BOLCs. We took notice of the applicant's
complete submission in judging the merits of the case and do not
find that it supports a determination that the applicant should
be awarded the DFC w 1OLC. While the applicant's assertions are
noted, he has not provided substantial evidence which, in our
opinion, successfully refutes the assessment of his case by the
Air Force Historical Research Agency (AFHRA). Therefore, we
agree with the opinion and recommendation of the AFHRA and adopt
the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden of proof of either an
error or an injustice. Regarding the applicants request that
the decedent be awarded the Weapons Qualification Badge, after a
thorough review of the available records, we did not find any
evidence in the decedents official records to substantiate he
met the qualifications or was awarded a Weapons Qualification
Badge. Therefore, we find no basis to recommend granting this
portion of the applicants request.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice to warrant award of the AM w/4 BOLCs, PUC, Aircrew
Member Badge, EAMECM w/1 BSS, ACM and the GCM. Therefore we
agree with the recommendations of the AFHRA and A3O-A1F and
adopt the rationale expressed as the basis for our conclusion
the applicant has been the victim of an error or injustice.
Additionally, we note that the Army Air Force Gunners Badge
(Wings) is no longer in existence. However, since it was in
effect during the decedents military service and at the time,
he met the criteria, we believe the records should accurately
reflect this award. Therefore, in addition to the
administrative corrections noted by DPSID, we recommend the
decedents record be corrected to reflect that he was awarded
the AM w/4 BOLCs, PUC, Aircrew Member Badge, EAMECM w/1 BSS, ACM
and the GCM and the Army Air Force Gunners Badge. The applicant
may request the awards from AFPC/DPSID, 550 C Street West Suite
12, JBSA-Randolph TX 78150-4714. Accordingly, we recommend the
applicants records be corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records relating to DECEDENT be corrected
to show that on 7 May 44, he was awarded the Air Medal with four
Bronze Oak Leaf Clusters, Presidential Unit Citation, Army Air
Force Gunners Badge (Wings), Aircrew Member Badge, European-
African Middle Eastern Theater Campaign Medal with one Bronze
Service Star, American Campaign Medal and the Good Conduct
Medal.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2013-01991 in Executive Session on 5 Jun 14, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentation was considered:
Exhibit A. DD Form 149, dated 21 Apr 13, w/atchs.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 2 Jan 14.
Exhibit D. Letter, USAF/A3O-AIF, dated 28 Jan 14.
Exhibit E. Letter, AFHRA/RS, dated 25 Mar 14, w/atchs.
Exhibit F. Letter, SAF/MRBR, dated 28 Mar 14.
Exhibit G. Letter, Applicant, dated 14 Apr 14, w/atchs.
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