RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01608 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His deceased uncle be awarded the Silver Star. APPLICANT CONTENDS THAT: The combat action on 28 December 1942 took the lives of his uncle and his entire crew of the B-17 bombers USAAF serial 41- 2428 near Choiseul Island, Solomon Islands. Had the facts of their death been known at that time, these nine airmen would have been awarded the Silver Star for gallantry in action against an enemy of the United States. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits B through D. AIR FORCE EVALUATION: AFPC/DPSID recommends the Air Force Decorations Board advice on whether the applicant’s package meets the criteria for award of the Silver Star. DPSID states 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. The applicant’s official military personnel record contains very limited documentation. It appears the applicant’s official military personnel record was completely destroyed in the fire at the National Personnel Records Center in 1973 and possibly reconstructed. After a thorough review of the provided documentation, they were unable to verify award of the Silver Star. The next of kin provided a recommendation, an eyewitness statement and a proposed citation for award of the Silver Star to the applicant. The next of kin also provided War Department Headquarters Army Air Forces documentation, dated 7 June 1943, stating the applicant was missing in action and ultimately listed as Killed in Action on 28 December 1942. A complete copy of the AFPC/DPSID evaluation is at Exhibit B. AFHRA/RS recommends denial. RS states a thorough search of the records held by the Air Force Historical Research Agency failed to find any mention of heroism or gallantry by this particular crew that meets the definition and criteria of the Silver Star medal for this particular 28 December 1942 mission. The documentation provided by the applicant only confirms what has been known by the Army Air Forces (and later United States Air Force) since 1942: this crew conducted a search (now known as a reconnaissance) mission on 28 December 1942, as they had many times before, and were intercepted by Japanese fighter aircraft (which had long been suspected) and were shot down and consequently perished. The fact that this crew carried out the combat mission assigned to them, which ultimately cost them their lives, does not in itself merit the awarding of the Silver Star medal. As can be seen from actual Silver Star medal citations from that period and war zone, the crew, although sacrificing their lives in an attempt to escape the Japanese fighter aircraft to bring back their observations of their reconnaissance mission, did not shoot down or do any damage to the enemy, his equipment or resources, nor is there any eyewitness of any specific courageous acts performed by the aircrew individually or collectively. The fact that the crew fought back against their attackers is not enough to merit a Silver Star medal. The fact that the crew perished during the mission assigned to them is not enough to merit a Silver Star medal. The annuals of the Anny Air Forces in World War II are replete with thousands of such cases in which aircrews were shot down while conducting combat operations. The fact that four members of this crew had already been bestowed the Silver Star medal for previous actions show that the leadership of the 5th and 11th Bombardment Groups, as well as the United States Army Forces in South Pacific Area (USAFISPA) were well aware of the requirements of recognizing heroic and gallantry with the Silver Star medal and were not shy about acknowledging such actions. Unless further credible evidence is submitted that the crew members as individuals, or as a collective, conducted this mission in such a manner that dealt the enemy forces an appreciable blow, or once in their life threatening circumstance occurred, assisted each other in a courageous and gallant manner that meets the Silver Star medal criteria, there is no basis to consider this unfortunate crew for the Silver Star medal. A complete copy of the AFHRA/RS evaluation, with attachments, is at Exhibit C. SAF/MRBP recommends denial. MRBP states they concur with the recommendation from AFHRA/RS. There is not sufficient information or evidence to support award of the Silver Star. There is insufficient information regarding the nine crew members’ actions before their aircraft went down near Choiseul Island, Solomon Island on 28 December 1942. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he believes that his uncle and the entire crew of this World War II bomber deserve a combat decoration for their heroism. He is unable to provide any additional supporting evidence. This combat action on December 28, 1942, which took the lives of his uncle and his entire crew, occurred during wartime off the coast of a very primitive island with, even today, only the most rudimentary communications infrastructure. His uncle’s B-17 was flying a single ship mission; hence, there were no eye witnesses on accompanying aircraft which benefits the recipients of other combat decorations for similar heroism. This entire crew was killed in action. There was one eye witnesses whose affidavit is a part of this claim. The applicant’s complete response is at 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The applicant’s contentions are duly noted; however, after reviewing the evidence of record we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not provided sufficient evidence that validates his uncle’s entitlement to the Silver Star. While we are not unmindful or unappreciative of the applicant’s service to our Nation, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. 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 THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2014-01608 in Executive Session on 26 August 2015, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01608 was considered: Exhibit A. DD Form 149, dated 14 April 2014, w/atchs. Exhibit B. Memorandum, AFPC/DPSID, dated 22 September 2014. Exhibit C. Memorandum, AFHRA/RS, dated 1 July 2015, w/atchs. Exhibit D. Memorandum, SAF/MRBP, dated 17 July 2015. Exhibit E. Letter, SAF/MRBR, dated 31 July 2015. Exhibit F. Letter, Applicant, dated 7 August 2015. 5