RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-02620
								INDEX CODE:  100.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her late father be awarded the Silver Star (SS) for his destruction of a total of five enemy aircraft.

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APPLICANT CONTENDS THAT:

His achievement of becoming an Ace was overlooked because his five confirmed kills were obtained over the course of two wars, i.e., World War II and the Korean War.  As a result, his Ace status was overlooked and he never received the SS as other Aces did during the Korean War.

In support of her appeal, applicant submits her personal statement; her late father’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; an excerpt from the book, Stars and Bars, summarizing his career; Air Force news and press releases detailing each of his five confirmed kills; and statements from a former member of his unit and former commander indicating that all other pilots received the SS when they got their fifth victory.

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

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STATEMENT OF FACTS:

The member served on active duty from 23 December 1947 until his retirement in the grade of lieutenant colonel on 30 April 1965.  During this period he obtained five aerial victory credits (one during World War II and four during the Korean War) and credit for three probably destroyed and one damaged aircraft.

The Silver Star (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. 

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting award of the Silver Star (SS).  In this respect, we note the applicant’s late father received credit for five aerial victories during his Air Force career; however, we find no evidence that he was ever awarded the SS for this accomplishment.  The applicant contends this occurred because he destroyed one of the aircraft during World War II and the remaining four during the Korean War.  Further, in support of her appeal, the applicant has provided a statement from the only surviving double-Ace of the Korean War recommending award of the SS and indicating that the member was not awarded the SS as all other pilots were when they got their fifth victory.  In view of this, and given the total number of aircraft he destroyed, we recommend the member’s records be corrected to the extent indicated below.

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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 on 22 April 1952, he was awarded the Silver Star for gallantry in action against an enemy of the United States by destroying his fifth enemy aircraft.

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The following members of the Board considered AFBCMR Docket Number BC-2008-02620 in Executive Session on 16 July 2008, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Jul 08.

                                   XXXXXXXXXX
                                   Panel Chair

AFBCMR BC-2008-02620

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 22 April 1952, he was awarded the Silver Star for gallantry in action against an enemy of the United States by destroying his fifth enemy aircraft.

		XXXXXXXXXX
		Director
		Air Force Review Boards Agency