THIRD
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-03796
								INDEX CODE:  100.00
XXXXXXXXXXXXXXXXXX					COUNSEL:  NONE

	 							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Silver Star (SS) for his actions during a bombing raid to a strategic target at Hamburg, Germany, on 30 October 1944.

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STATEMENT OF FACTS:

On 2 March 2005, the Board considered applicant’s request for the SS and found no compelling basis to recommend granting the relief requested.  On 24 February 2006, the Board reconsidered the application and again found no basis for relief.  For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Addendum to Record of Proceedings at Exhibit I.

On 19 October 2007, the applicant requested reconsideration of his appeal and provided additional documentation.  In further support of the appeal, applicant submits additional statements from the former airplane commander and the former squadron commander. The applicant’s complete submissions, with attachments, is at Exhibit J.

On 13 November 2007, the Board reconsidered the applicant’s request and was not persuaded the evidence presented was sufficient to overcome the rationale expressed in prior decisions. For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Addendum to Record of Proceedings at Exhibit K.

By letters dated 23 June and 8 July 2008, and email of 30 June 2008, the applicant requested reconsideration of his appeal and provided additional documentation.  In further support of the appeal, applicant submits a Mission Detail Listing for the 30 October 1944 mission. The applicant’s complete submissions, with attachment, are at Exhibits L through N.

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THE BOARD CONCLUDES THAT:

After thoroughly reviewing the additional documentation submitted by the applicant and the evidence of record, a majority of the Board does do not believe he has overcome the rationale expressed in the Board’s previous decision.  In this respect, the majority of the Board notes the issue before this Board is not to ratify the opinions of the officers that have submitted supporting statements in the applicant’s behalf, but rather to determine whether or not he has been the victim of an error or injustice as a result of not being awarded a decoration that he had earned.  A majority of the Board finds that since there is no showing he was officially recommended at the time and given the presumption of regularity in the operation of governmental affairs, it is reasonable to conclude that the facts and circumstances were reviewed at that time and the determination made that the SS, or any other specific award for those acts, was not appropriate.  In view of the above and in the absence of evidence to the contrary, a majority of the Board finds no basis upon which to recommend favorable consideration of his request.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2004-03796 in Executive Session on 2 October 2008, under the provisions of AFI 36-2603:

By majority vote, the Board recommended denial of the application.  XXXXX voted to correct the records but does not wish to submit a Minority Report.  The following documentary evidence was considered:

    Exhibit K.  Second Addendum to Record of Proceedings, w/atchs.
    Exhibit L.  Letter, Applicant, dated 23 Jun 08, w/atch.
    Exhibit M.  Electronic Mail, Applicant, dated 30 Jun 08.
    Exhibit N.  Letters, Applicant, dated 8 Jul 08.

AFBCMR

	Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2004-03796.

	After careful consideration of your application and military records, the majority of the Board determined that the evidence you presented did not demonstrate the existence of probable material error or injustice.  The Secretary's designee accepted the recommendation of the majority and denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the Board.   In the absence of such additional evidence, a further review of your application is not possible.

Attachment:
SAF/MRB Letter, w/Record
  of Proceedings

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
FROM:  SAF/MRB
SUBJECT:  XXXXXXX, XXXXXXX, AFBCMR Docket Number BC-2004-03796
I have carefully reviewed the circumstances of this case and while I cannot accept the applicant’s argument that his group commander acted improperly by not supporting a recommendation to award him the Silver Star (SS), I do not agree with the recommendation of the majority of the Board that his request for award of the SS should once again be denied.

	In this respect, I note the applicant’s former group commander has provided an affidavit in which he supports awarding the applicant the SS.  The Board’s majority is somewhat indifferent to this statement because the applicant was not under his command at the time of the subject mission.  However, I find his statement most compelling and believe that it should be given great deference.  Although he was not the applicant’s group commander at the time of the subject mission, he had previously served in that position for over five months, to include “D-Day,” and would have been intimately familiar with what level of gallantry rose to the level warranting award of the SS; whereas, his replacement had only been in the position for two-and-a-half months prior to the mission. 

	In consideration of the evidence presented in support of this appeal, I find the applicant has established the existence of an error or injustice in his records.  Based on the totality of the evidence presented, I believe the interest of justice can best be served by resolving this issue in favor of this 83-year-old World War II veteran.  Therefore, I direct that his request be approved

AFBCMR BC-2004-03796

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 XXXXX, XXX-XX-XXXX, be corrected to show that he was awarded the Silver Star for gallantry in action on 30 October 1944.