RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-01403 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His award of the Silver Star (SS) be upgraded to the Medal of Honor (MoH) for his actions on 26 Nov 43. APPLICANT CONTENDS THAT: After his aircraft was shot by a German fighter pilot, he was responsible for getting the pilot and crew home safely and should have been awarded the MoH. In support of his request, the applicant provides a copy of four letters from the Army Review Boards Agency; WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, a Personal Narrative; and various other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served on active duty from 23 Jun 42 through 27 Oct 45. He was credited with 1 year, 9 months, and 11 days of foreign service. According to documentation provided by the applicant, on 11 Jan 44, he was wounded in action. According to documentation provided by the applicant, he was a Prisoner of War (POW) in Germany from 11 Jan 44 to 3 May 45 and was assigned to the 358th Bomb Squadron, 303rd Bomb Group. According to sections 3741, 6241, and 8741 of Title 10, United States Code (references (m), (n), and (o), respectively), the MoH may be awarded to members of the United States (US) Armed Forces who distinguish themselves conspicuously by gallantry and intrepidity at the risk of their lives above and beyond the call of duty under any of the following circumstances: a. While engaged in an action against an enemy of the US. b. While engaged in military operations involving conflict with an opposing foreign force. c. While serving with friendly foreign forces engaged in an armed conflict against an opposing Armed Force in which the US is not a belligerent party. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. In order to reasonably consider the applicant’s request, he need to submit a recommendation from someone with firsthand knowledge of the act/achievement preferably within his chain of command at the time of the act/achievement, a proposed citation, and eyewitness statements. The applicant has made several previous requests for the award and the decoration board for the Department of the Army has previously advised the applicant that he did not meet the criteria for the MOH and the SS is the appropriate decoration to recognize him for his actions. A review of the applicant’s records revealed that he should have been awarded the Prisoner of War Medal (PWM), American Campaign Medal (ACM), and World War II Victory Medal (WWIIVM) and his official military personnel records will be administratively corrected by AFPC/DPSOR. A complete copy of the DPSID evaluation is at Exhibit C. AFHRA/RS recommends denial indicating they agree with the findings of DPSID, as they did not find any information that would support upgrading the SS to the MoH. The official unit history does confirm the actions of the applicant mentioned in the narrative he submitted and it also makes clear that the bombardier of the aircraft was recommended for the MoH but later downgraded to the Distinguished Service Medal (DSM). However, there is no mention of any submission of a MoH for the applicant and they should not second guess the decision of the applicant’s unit. A complete copy of the AFHRA evaluation is at Exhibit D. SAF/MRBP recommends denial indicating the applicant has not provided sufficient justification or documentation to support the upgrade of the approved SS to the MoH. They must assume regularity in the award submission and nomination process in that his leadership at the time submitted and approved the appropriate level of decoration. A complete copy of the MRBP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 14 Mar 14 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note that AFPC/DPSID has determined the applicant’s eligibility for the award of the Prisoner of War Medal (PWM), American Campaign Medal (ACM), and World War II Victory Medal (WWIIVM) and will correct his records administratively. Therefore, aside from the administrative corrections noted above, we find no basis to recommend granting relief beyond that rendered administratively. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or 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-2002-01403 in Executive Session on 29 Jul 14, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2002-01403 was considered: Exhibit A. DD Form 149, dated 27 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 6 Jan 14. Exhibit D. Letter, AFHRA/RS, dated 23 Jan 14. Exhibit E. Letter, SAF/MRBP, dated 7 Feb 14 Exhibit F. Letter, SAF/MRBR, dated 14 Mar 14.