RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02598
		INDEX CODE:	107.00
	 	COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His great-uncle be awarded the Silver Star (SS) or the Distinguished Flying Cross (DFC) for his actions on 21 Jul 44.

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APPLICANT CONTENDS THAT:

His great-uncle was not recommended for an award because one of the airmen he saved was taken captive by the Germans and the others were killed.  He was not recommended for a decoration for his extraordinary valor in the face of certain death.

In support of the request, applicant submits an obituary, DA Form 638, Recommendation for Award, a Citation for Heroism, a Narrative Report, a copy of the Department of the Army Review Boards Agency letter, a personal statement, a copy of a Missing Aircrew Report, excerpts from his great-uncle’s personnel file and another aircrew member’s, a letter from his great-uncle’s daughter, and a diagram of escape exits for a B-24 liberator bomber.

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

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STATEMENT OF FACTS:

The member’s military personnel records were destroyed in the 1973 fire at the National Personnel Records Center.  His reconstructed military records indicate he served with the 734th Bombardment Squadron, 453rd Bombardment Group, 8th Army Air Force, as a tail gunner on a B-24 Liberator during World War II.   He served overseas from 19 Feb 43 to 21 Jul 44 and was considered missing in action until on 28 Dec 44, when the War Department determined that he was killed-in-action on 21 Jul 44.  He was posthumously awarded the Purple Heart, the Air Medal, the European-African-Middle Eastern Campaign Medal with one Bronze Service Star, the World War II Victory Medal, and the Honorable Lapel Button.

The SS is awarded by all branches of the Armed Forces to any person who, while serving in any capacity, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly forces against an opposing Armed Force in which the United States is not a belligerent party. 

The DFC was established by Congress on 2 Jul 26, and is awarded for 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.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states, in part, that after a thorough review of the applicant’s great-uncle’s military record, they are unable to find supporting documentation to indicate he was recommended for the award of the SS or DFC.  They were unable to verify he was awarded the SS or DFC as a copy of the certificate, special order, or a decoration recommendation was not submitted to substantiate the award.  The applicant did not provide an eyewitness statement.  Unfortunately, the applicant cannot recommend his great-uncle for award of the SS or the DFC.  They recommend the applicant’s request be disapproved based on a lack of documentation to substantiate his request.

The DPSIDR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26 Oct 07, for review and comment within 30 days.  As of this date, no response has been received by this office.

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ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP states, in part, that if the request had been boarded by the Secretary of the Air Force Personnel Counsel Decorations Board, it would have been disapproved based on the lack of documented evidence and the submission not meeting Section 1130, Title 10, U.S. Code requirements.

Since the Board, is given greater latitude in changing a member’s records, they believe it should consider the applicant’s research in its entirety and determine whether it meets the criteria for a SS or DFC.

The SAF/MRBP evaluation is attached at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 19 Sep 8, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice to warrant award of the SS.  The Board acknowledges that the SS is awarded to any person who, while serving in any capacity, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly forces against an opposing Armed Force in which the United States is not a belligerent party.  While the Board recognizes the heroic efforts of the applicant’s great-uncle, the evidence of record does not show that he met the criteria for award of the SS.  In this regard, we note the evidence of record shows the aircraft in which the applicant’s great-uncle was assigned, accidently collided with another U.S. aircraft prior to engaging in combat with an opposing foreign force.  As such, he does not meet the established criteria for award of the SS.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to warrant award of the SS.

4.  Notwithstanding the aforementioned, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant award of the DFC.  The Board is persuaded by the evidence of record the applicant’s great-uncle gave his life to save his fellow crewmembers.  Due to the fact that the pilot of the aircraft, upon which the applicant’s great-uncle was a crewmember, was captured and held hostage by the Germans, and the imminent death of the other crewmembers, he was not recommended for an award.  In this regard, the Board notes the evidence of record shows the applicant’s great-uncle, in the face of certain death, sacrificed his own life for his country by helping two of his fellow crewmembers parachute from the plane, and by assisting another crewmember who was killed after he parachuted from the aircraft.  We believe the proper recognition for his heroism on this day is award of the DFC.  Therefore, the Board recommends his records be corrected to the extent indicated below.

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.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to, APPLICANT, be corrected to show that he be posthumously awarded the Distinguished Flying Cross for heroism while participating in aerial flight as a B-24, Tail Gunner, during a combat mission over Germany on 21 Jul 44.

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The following members of the Board considered Docket Number BC-2007-02598 in Executive Session on 19 Nov 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered under Docket Number BC-2007-02598:

	Exhibit A.	DD Form 149, dated 5 Aug 07, w/atchs.
	Exhibit B.	Deceased Former Member’s Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSIDR, dated 10 Oct 07.
	Exhibit D.	Letter, SAF/MRBR, dated 26 Oct 07.
	Exhibit E.	Memorandum, SAF/MRBP, dated 9 Sep 08.
	Exhibit F.	Letter, AFBCMR, dated 19 Sep 08.