RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03885

   						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS:

His official record be corrected to reflect he was awarded the Silver Star (SS) Medal. 

APPLICANT CONTENDS:

He was awarded the SS for his gallantry in action during a raid on Bucharest in Aug 44, but the decoration is not recorded in his official military records.  A book entitled Flight of the Liberators, published in 1946, mentions his name and says he was awarded the SS.  

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

STATEMENT OF FACTS:

According to the documentation submitted by the applicant:

	a.  He initially entered active service on 31 Oct 42. 

b.  He was awarded the Bronze Star Medal (BSM) for his actions during the period 23 Aug 44 through 26 Aug 44.  

c.  On 29 Aug 45, he was furnished an honorable discharge, and was credited with 2 years and 24 days of total service.

d.  On 14 Apr 67, the Air Force Military Personnel Center (MPC) notified the applicant research of official records, including organizational records, failed to reveal he was ever recommended for, or awarded, the SS.  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.    

AIR FORCE EVALUATIONS:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The Silver Star (SS) Medal is the third highest military valor decoration that can be awarded to a person serving in any capacity with the United States Armed Forces.  The SS 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; 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.  The Silver Star may be awarded posthumously.

A Special Order is the official source documentation for verification of an approved decoration.  A thorough review of the applicant’s official military personnel record did not verify a Special Order, signed certificate, or any other official documentation verifying the applicant was recommended for or awarded the SS, nor did the applicant submit any such documentation.    

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice.  The only reference to the applicant being awarded a SS was from the book The Flight of the Liberators (pages 50-53).  Based upon the documentation submitted by the applicant, he received the Bronze Star Medal (BSM) for his actions during the period 23 Aug 44 through 26 Aug 44.  Two awards cannot be awarded for the same action during the same period of time.  Therefore, awarding the SS for the same actions would constitute inappropriate dual recognition.  Additionally, a letter submitted by the applicant from the Awards Division, Directorate of Personnel Services, USAFMPC, dated 14 Apr 67, (page 139 of the BCMR application received 15 Sep 15) also verified the absence of any documentation regarding the SS, stating “Research of official records, including organizational records, fails to reveal that you were awarded the Silver Star or that you were recommended for this decoration.”

A complete copy of the SAF/MRBP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations was forwarded to the applicant on 28 Sep 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction    36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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

THE BOARD DETERMINES:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-03885 in Executive Session on 15 Nov 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03885 was considered:

	Exhibit A.  DD Form 149, dated 27 Nov 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 Jul 16.
	Exhibit D.  Memorandum, SAF/MRBP, dated 15 Sep 16.
	Exhibit E.  Letter, SAF/MRBR, dated 28 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.