RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03932 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Silver Star (SS) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: It is an injustice not to receive the SS after he was recommended for the award. In addition, he did not follow up on the award after the war. A lieutenant was suppose to look into it but he is now deceased. In support of his request, the applicant provides personal letters, a statement from the National Society Daughters of American Revolution; his Honorable Discharge Certificate, WD AGO 53-55, Enlisted Record and Report of Separation; WD AGO Form 100, Army of the United States Separation Qualification Record; mission reports, Letter of Commendation, special order Number 5, Award of the Purple Heart (PH), General Orders Number 1640 and 2129; and letters from the American Battle Commission and National Personnel Records Center. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The available records indicate that on 25 March 1943, the applicant enlisted in the Army Air Corps as an aerial gunner. His military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri. The applicant’s Enlisted Record and Report of Separation reflects he was awarded the Air Medal, Asiatic-Pacific Campaign Medal with one Silver Star, the Army Good Conduct Medal, American Campaign Medal, World War II Victory Medal, Philippine Liberation Ribbon with one Bronze Star, and the Purple Heart. The SS is awarded to a 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 foreign forces against an opposing armed force in which the United States is not a belligerent party. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states they were unable to find evidence that the applicant was recommended for award of the SS. A copy of the SS certificate, special order, or a decoration recommendation was not submitted to substantiate the award. The DPSIDR complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 December 2010, a copy of the Air Force evaluation was sent to the applicant for review and comment within 30 days. As of this date, this office has received no response (Exhibit D). _________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The personal sacrifice the applicant endured for our country is noted; however, in view of the above, and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2010-03932 in Executive Session on 29 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Sep 10, w/atchs. Exhibit B. Applicant's Available Military Records. Exhibit C. Letter, AFPC/DPSIDR, dated 29 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11.