RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01222 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her deceased father be awarded the Distinguished Service Medal. Examiner’s Note: The DD Form 149 requests the DSM; however, all supporting documentation aligns with a request for the Distinguished Service Cross. APPLICANT CONTENDS THAT: Her father’s acts of heroism while engaged against an enemy of the United States demonstrated extraordinary skills as a pilot. He displayed selfless dedication to the safety of his crew and superior leadership skills during World War II. In support of her appeal, the applicant submits a notarized statement of a first-hand account of the decedent’s actions. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Data extracted from the applicant’s submission reflects the decedent is a former member of the Army Air Corps who served from 5 December 1941 through 4 June 1946. He passed away on 23 April 1971. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The Distinguished Service Medal is awarded to service members who, while serving in any capacity of the Armed Forces of the United States, distinguish themselves by exceptionally meritorious service to the Government in a duty of great responsibility. The United States Army Medal was authorized by the Secretary of War on 12 January 1918 and subsequently authorized by Congress through the "Fiscal Year 1919 Army Appropriations Act," 9 July 1918. The basis for the United States Air Force medal is the legislation authorizing the United States Army Medal; the United States Air Force design change was done in 1961. After a thorough review of the decedent's official military personnel record, they were unable to verify award of the Distinguished Service Medal. The next of kin provided an eyewitness statement and other documentation; however, the supporting documentation submitted by other individuals, the Air Force Cross (formerly the Distinguished Service Cross) is requested. Therefore, it is unclear which decoration, the Air Force Cross or the Distinguished Service Medal, is actually being sought. Furthermore, there is no proposed citation or specific act/achievement and inclusive period indicated. An undated memorandum, signed by the Commander, Headquarters Air Force Global Strike Command, states the decedent "is worthy of consideration for the posthumous award of the Distinguished Service Cross" for the acts of heroism displayed on 2 September 1943, while engaged in action against an enemy of the United States that truly highlight his skills as a pilot and his dedication to the safety of his crew in an extraordinarily life threatening situation. According to a notarized statement from another witness dated 19 March 2014, he requests the decedent be awarded the Air Force Cross. This supporting statement outlines five events which comprise the justification for a war time decoration. The complete AFPC/DPSID evaluation is at Exhibit C. AFHRA/RS recommends denial of the applicant’s request for the Distinguished Service Medal and the Distinguished Service Cross, however, recommends approval of the Silver Star Medal. The decedent, a pilot of a B-17 bomber of the 99th Bomb Group, was shot down on 2 September 1943. During this attack he was wounded. Despite his wounds, he calmly piloted his aircraft, deflecting enemy attacks against it, coordinating the aircraft’s gunners who successfully shot down two enemy aircraft while piloting the aircraft towards a neutral country in an effort to save his crew. When the damaged aircraft could not fly any further, and still over enemy territory, the decedent and his crew parachuted. Heading towards the neutral country, they were captured by Italian forces, and was effective in convincing the enemy authorities that he and his crew should not be handed over to the German authorities. Once a prisoner of the Italians, the decedent planned an escape and did so, taking charge of a number of other allied Prisoner of War and coordinated efforts to get everyone to allied control. His escape and evasion plans and insistence of other escape and evadees to memorize items of great intelligence value to the allies was successful. When a former POW reported back to the allies, he brought with him valuable intelligence information due to the decedent’s training. While awaiting the appropriate time to move to allied control territory, the decedent conducted numerous trips into enemy held towns to obtain food, water, clothing, arms and ammunition, and intelligence information. He also detected when it was time to move his evading group as the enemy would eventually determine where his spying operations were based. In addition, he helped plan sabotage raids with the Italian underground against enemy transportation arteries. In an attempt to get to allied control territory, the decedent suffered from poor footwear and became unable to make direct attempts to return to friendly territory until he recovered. This enforced idleness did not stop his efforts to hurt the enemy. To do this, he realized that a safe haven had to be built in the mountainous wilderness by him and his associates to delay their discovery by the enemy. Once accomplished, the decedent returned to his plans of hurting the enemy by sending the latest intelligence on enemy positions to the Allies via some of his fellow evadees. A plan was developed and two chosen to make the attempt; provided the two evadees with careful and detailed notes of enemy gun emplacements, arsenals, road and rail traffic, food stores and petroleum storage locations. The two evadees were successful in getting to allied forces and with so much intelligence concerning the Anzio area where a major Allied breakout was planned, a special presentation to Lieutenant General XXXXXXX was made prior to the battle, in which the Allies were successful. In May 1944, the decedent had become well enough to try once again to make his way to allied territory. Unfortunately, while leading others, a German military member saw and shot him. Although wounded, he warned the other evadees of the enemy presence, which allowed them to remain hidden and safely get to allied control later. The decedent was quickly captured and German doctors saved his life. He was sent to a Prisoner of War camp and liberated in 1945. The above are indisputable facts about this case that have been collaborated with numerous official papers substantiating the decedent’s actions. There is no question that he was courageous and heroic in his efforts to continue warring against the enemy, even after being shot down and made a prisoner of war. His effectiveness in supplying the allies with valuable intelligence and making it possible for other evadees and escaped prisoners of war to reach allied territory is also unquestioned. The next of kin has asked consideration for the Distinguished Service Medal. The Distinguished Service Medal is awarded for exceptionally meritorious service to the United States in a duty of great responsibility. The term “great responsibility” denotes the success of a major operation or program attributed to the proper exercise of authority and judgment. The actions of the decedent, while commendable, heroic, and courageous, does not rise to the level of a major military operation directed by him. However, all of the supporting statements in this recommendation refer to the Distinguished Service Cross. In all probability, the applicant mistakenly requests the Distinguished Service Medal when she means the Distinguished Service Cross. Supporting documents all request the Distinguished Service Cross be bestowed upon the decedent. The Distinguished Service Cross recognizes anyone who distinguishes themselves by heroic actions in combat, and that the act or acts of heroism must be so notable and have involved risk of life so extraordinary as to set the individual apart from their comrades. The Silver Star 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. The degree of gallantry required, while of a high degree, is less than that required for the Medal of Honor or the Distinguished Service Cross. Gallantry in action means heroism of high degree including risk of life. Since the decedent’s actions were clandestine, he was never cited in official dispatches during World War II. However, his fellow evadees over the years have consistently attested to his actions in dispositions to Headquarters Army Air Forces and Headquarters United States Air Force, during and after the war. Therefore, it is believed to be in the best interest of the United States Air Force to consider this application and respond by awarding the Silver Star Medal to the decedent. The complete AFHRA/RS evaluation, with attachments, is at Exhibit D. SAF/PC recommends approval of the Silver Star Medal. After reviewing the records, supporting documentation and the AFHRA/RS report regarding the next of kin’s request for posthumous award of the Distinguished Service Cross, we concur with the recommendation from AFHRA/RS for the award of the Silver Star. The actions of the decedent, a B-17 pilot, when his aircraft was shot down, as well as during his capture in 1943, meet the criteria for award of the Silver Star and not the Distinguished Service Cross, the higher award. The complete SAFPC evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states it was her intent to request the Distinguished Service Cross or Air Force equivalent. Her father, by character, shunned personal aggrandizement and would have avoided awards, even if recommended. After he passed, it was deemed appropriate to seek recognition of his heroic services to our nation. Based on the examination of citations of granted DSCs, she felt he would also qualify. Having been relegated to the task of providing additional documentation she states there are some leads that the data is in the annals of Congress and Italy. This documentation is largely centered on the episode where he was leading a large group of evaders to an escape position whereby many lives were saved because he chose to scream a warning knowing he would be shot by the Germans in the process; however, the chance of successfully obtaining this documentation is remote due to the passage of time. Although the facts contained in the review should merit the DSC, she is deeply appreciative of recognition given to her father. The applicant’s complete submission is at Exhibit G. 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 with regard to the applicant’s request that the decedent be awarded the Distinguished Service Medal (DSM). We took note of the applicant’s supporting documentation for award of the Distinguished Service Cross and the response to the Air Force advisories; however, we are not persuaded the record should be corrected as requested. Therefore, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and SAF/MRBP and adopt their rationale as the basis for our conclusion that the requested relief should not be granted. 4. Notwithstanding the above determination, after a thorough review of the evidence of record and the applicant’s complete submission, we believe appropriate recognition in the form of the Silver Star is warranted. Due to the fact that the decedent’s actions were clandestine, and his fellow evadees over the years have consistently attested to his heroic actions, we believe it is in the interest of justice to properly recognize his heroism and gallantry in action by award of the SS. Therefore, we are in agreement with the AFHRA/RS and SAF/PC recommendation to recognize the decedent by awarding him the SS. In view of the foregoing and in recognition of his service and sacrifice to our nation, we recommend his records be corrected as indicated below. The Board would like to point out, however, that the decedent was a Prisoner of War and could be eligible for the POW medal. Therefore, we encourage the applicant to submit an application to request a review for the Prisoner of War Medal. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the DECEDENT be corrected to show that on 5 June 1946, he was awarded the Silver Star Medal for gallantry in action against an enemy of the United States. The following members of the Board considered AFBCMR Docket Number BC-2014-01222 in Executive Session on 8 September 2015 and 14 September 2015 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 14 Oct 14. Exhibit D. Memorandum, AFHRA/RS, dated 19 May 15. Exhibit E. Letter, SAF/MRBP, dated 17 Jul 15. Exhibit F. Letter, SAF/MRBR, dated 3 Aug 15. Exhibit G. Letter, Applicant’s Response, dated 3 Sep 15.