RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02482
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His statement of the events that transpired during World War II be inserted in his military personnel records.

He be awarded a decoration for altruistic actions while a Prisoner of War (POW) during World War II.

By amendment at Exhibit F, it appears the applicant is requesting that an official statement be provided indicating that the Army made a mistake in taking a former member’s (TSgt ---) word without corroborating with him (the applicant) concerning what transpired in the plane and the train escape.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The debriefing statement of a former member (TSgt ---) contains inaccurate information that he would like to correct with the inclusion of his statement.  He should receive official recognition of the truth while in combat and as a POW.  In addition, he should be rewarded for his altruism.

In support of his request, applicant submits personal statements, a copy of an escape statement, copies of his book “The Eleventh Passenger” and additional documents associated with the issues cited in his contentions.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.

The applicant’s Enlisted Record and Report of Separation reveals that he participated in the European Theater of Operation (ETO) during the period 1 Jan 44 through 21 Feb 45.  He received an honorable (disability) discharge in the grade of staff sergeant (E-5) from the Army Air Force on 25 Jul 45.  The applicant had completed a total of 2 years, 3 months and 10 days of continental service and 1 year, 1 month and 13 days of foreign service at the time of discharge.

The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and E.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPSAMP recommends the application be denied.  DPSAMP stated that the only personnel record on the applicant consists of documents he provided.  The document the applicant wants filed in his master personnel record (MPR) is not an official document that is required to be filed in the MPR.  Absent any derogatory information/comments in his MPR, the additional documentation serves no purpose.  The HQ AFPC/DPSAMP evaluation, with attachment, is at Exhibit C.

HQ AFPC/DPPPR stated that the applicant served on active duty during the period 3 Mar 42 - 25 Jul 45, with an overseas tour beginning 1 Feb 44.  He was a POW in Italy during the period 17 Feb 44 - 17 Jan 45.  Applicant’s Report of Separation reflects award of the Purple Heart Medal and European-African-Middle Eastern Campaign, with 1 Bronze Service Star.  DPPPR indicated that the applicant is also entitled to the American Campaign Medal, World War II Victory Medal and POW Medal, and that these decorations have been administratively added to his Report of Separation by HQ AFPC/DPPRSP on 20 Jun 02.

DPPPR stated that the applicant has made several allegations and claims, all of which are supposed to be verified by a book he wrote regarding his World War II experiences.  He did not provide any statements or official documents to substantiate his claims or allegations.  There is no decoration for “altruistic actions” performed while a POW, and his claims cannot be verified at this late date.  It should be noted that the applicant was shot down and taken prisoner of war without having received recognition for his aerial achievements.  In 1946, the policy was established that any WWII veteran who was shot down, taken POW or killed without receiving recognition for aerial achievement(s) should be considered for award of the Air Medal.  Therefore, the applicant should be considered for award of the Air Medal.  DPPPR is unable to verify his eligibility for any decorations while he was held as a POW.

DPPPR recommends the applicant’s request for “an award for altruistic actions” while a POW in Italy during WWII be denied.  However, DPPPR recommends approval of the Air Medal for the period 1 Feb 44 - 17 Feb 44 in recognition of the applicant’s aerial achievements during that period.  The HQ AFPC/DPPPR evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

He stated that he is aware that the military does not award medals for altruism, but for heroic acts of blood and guts as often depicted by Hollywood.  The Army debriefed the former member (TSgt ---), but he was never debriefed.  He has been asked for proof or witnesses, yet the Army never demanded proof from TSgt ---.  Unfortunately, the men who could have spoken for him were Germans or they are dead.  For proof of his “Altruism” he still carries the painful wounds he sustained in the plane and his subsequent imprisonment and can be proven at the VA Hospital at Albany.  The very nature of his wounds could prove his contention.  He is willing to go before a committee to be belatedly debriefed.  All he wants is an official statement saying that the Army had made a mistake in taking the former member’s (TSgt ---) word without corroborating with him in what had transpired in the plane and later his escape from the train thanks to him.

The applicant’s complete submission, with attachment, is at Exhibit F.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice concerning his awards.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that some relief is warranted.  In this respect, we are in agreement with the opinion and recommendation of the appropriate Air Force office, HQ AFPC/DPPPR, that the evidence supports award of the Air Medal in recognition of the applicant’s aerial achievement while participating as a gunner on a combat mission in Europe during the period 1-17 Feb 44.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice concerning the remaining requests.  We are not unmindful or unappreciative of the applicant’s service to his Nation.  Nevertheless, other than his own assertions, he has provided no official documentary evidence to substantiate his claims.  We do not wish to deprive the applicant of an award to which he is entitled; however, based on the evidence before us, we have no recourse but to conclude that his request for an award for his altruistic actions while a POW during WWII should be denied.  With regards to inserting applicant’s personal statement in his Master Personnel Records (MPR), we agree with the opinion and recommendation of the appropriate Air Force office, HQ AFPC/DPSAMP, that, since the applicant’s personal statement is not an official authorized document, it is not required to be filed in his MPR.  As to applicant’s request that he be provided an official statement of error, it is not within the purview of the Board to request such statements.  The personal sacrifice the applicant endured for his country is noted and our decision should in no way lessen his service.  However, in view of the few existing official documents provided for our review and without more compelling information to substantiate the applicant’s claim, we find no basis to recommend granting the relief sought on the remaining portions of this application.

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.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, on 24 July 1945, he was awarded the Air Medal for meritorious achievement while participating in aerial flights as a gunner on combat missions in the European Theater of Operations during the period of 1 February 1944 to 17 February 1944.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 24 September 2002 under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
              Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number 01-02482.

   Exhibit A.  DD Form 149, dated 20 Aug 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSAMP, dated 17 May 02, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPR, undated, w/atch.
   Exhibit E.  Letters, SAF/MRBR, dated 24 May 02 and 3 Jul 02.
   Exhibit F.  Letter from Applicant, dated 22 Jul 02, w/atch.

                                  

AFBCMR 01-02482

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, on 24 July 1945, he was awarded the Air Medal for meritorious achievement while participating in aerial flights as a gunner on combat missions in the European Theater of Operations during the period of 1 February 1944 to 17 February 1944.