RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00437 XXXXXXXXXX COUNSEL: NONE XXXXXXXXXX (APPLICANT) HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her father be entitled to the Silver Star. APPLICANT CONTENDS THAT: Her father was awarded the Purple Heart and the Silver Star. He received the Purple Heart; however, he never received the Silver Star. The Board should find it in the interest of justice to consider her untimely application because her father was a hero and saved lives at Pearl Harbor. In support of her request, the applicant provides copies of her birth certificate, her father’s death certificate, DD Form 2567, Pearl Harbor Commemorative Medal Application/Information; General Order Number 17 (Extract) dated 5 May 1942, and various other documents associated with her request. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the member’s WD AGO 53-55, Enlisted Record and Report of Separation - Honorable Discharge, the following decorations are reflected in Item 33, Decorations and Citations: Good Conduct Medal; American Defense ribbon w/1 Bronze Service Star; Purple Heart; Asiatic Pacific Ribbon w/1 Bronze Star. According to General Orders Number 17, paragraph 10, the member was awarded the Purple Heart “for outstanding performance of duty and meritorious acts of extraordinary fidelity and essential service during the attack on Wheeler Field by Japanese Forces (aircraft) on 7 December 1941.” According to the Report of the Decorations Board, dated 26 Oct 1944, the majority of the board recommended the member be approved for award of the Bronze Star Medal in lieu of the Purple Heart awarded in General Order Number 17, Headquarters Seventh Air Force, 5 May 1942. Since the member was not wounded in action, cancellation of the award of the Purple Heart was also recommended. On 3 May 1945, the recommendation by the board was approved by the order of the Secretary of War. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The Silver Star may be awarded to any individual while serving in any capacity with the United States Armed Forces, who distinguishes himself or herself by gallantry in action under any of the following circumstances: while engaged in an 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 engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for award of the Army Distinguished Service Cross, the Navy Cross, or the Air Force Cross, must nevertheless have been performed with marked distinction. There is no evidence in the applicant's record nor was any provided verifying the member was recommended for or awarded the Silver Star. The applicant provided an extracted copy of General Order Number 17 which only mentions authorization of award of the Purple Heart to her late father. However, she is misinterpreting the subject line of the General Order "Award of the Purple Heart and Silver Star" to mean that the member received both the Silver Star and Purple Heart. Based on the full version of General Order Numbers 17, dozens of service members, including her late father, were listed as receiving either the Silver Star or the Purple Heart; however, none of the service members listed received both the Silver Star and the Purple Heart. According to the Report of the Decorations Board, dated 26 October 1944, a request was placed, presumably by the member, to have a more appropriate decoration awarded in lieu of the Purple Heart awarded by General Order Numbers 17 for meritorious achievement, as the member was not actually injured. The “Decorations Board” approved, by order of the Secretary of War, award of the Bronze Star Medal in lieu of the Purple Heart for meritorious service with the Bronze Star Medal citation included in the report. Accordingly although the Purple Heart was ultimately updated on the member's WD AGO 53-55, due to the documentation available, it appears he initiated the request for a more appropriate award and was approved for the Bronze Star Medal in lieu of the Purple Heart. Therefore, DPSID recommends the member’s WD AGO 53-55 be amended to remove the Purple Heart and to add the Bronze Star Medal. The complete DPSID evaluation is at Exhibit C. AFHRA/RS recommends denial. The extract of General Orders Number 17, published by Headquarters Seventh Air Force Base Command on 5 May 1942, has been misunderstood by the applicant. Although the paragraph is titled "Award of the Purple Heart and Silver Star," each individual citation under that paragraph heading explains which award was to be bestowed either the Purple Heart or the Silver Star. The complete RS evaluation is at Exhibit C. SAF/MRBP recommends denial. Additionally, MRBP concurs with the DPSID and RS recommendations to remove the Purple Heart from the decedent’s WD AG0-53-55 and update his records to reflect award of the Bronze Star Medal. The complete MRBP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 20 June 2014, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (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. 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 his request for the Silver Star; however, we agree with the recommendations of the Air Force Offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We also note that DPSID and SAF/MRBP also recommends the member’s WD AGO 53-55 be amended to remove the Purple Heart and to add the Bronze Star Medal. However, since the applicant did not request this action, we do not believe it would be appropriate to take an action that could conceivably be viewed as detrimental to the applicant. As such, we are not inclined to disturb the record as it currently stands. Should the applicant request the Bronze Star Medal for meritorious service for her father in lieu of the Purple Heart, we would be willing to reconsider her request. In view of the foregoing 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 9 December 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR BC-2014- 00437 was considered: Exhibit A. DD Form 149, dated 29 November 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 24 April 2014. Exhibit D. Letter, AFHRA/RS, dated 19 May 2014. Exhibit E. Letter, SAF/MRBR, dated 27 May 2014. Exhibit F. Letter, SAF/MRBR, dated 20 June 2014.