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AF | BCMR | CY2013 | BC 2013 01991
Original file (BC 2013 01991.txt) Auto-classification: Approved
       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 
decedent’s 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 applicant’s requests, he submits a personal 
statement, copies of the decedent’s 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 
decedent’s 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 decedent’s 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 
decedent’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 decedent’s 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 applicant’s 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 decedent’s 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 
decedent’s 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 
applicant’s 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.  Applicant’s 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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