RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01966

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He receive the Air Medal.

APPLICANT’S CONTENTIONS

He was shot down by a German fighter in WWII, subsequently captured, and did not fly the required missions.  He always felt he should have received the Air Medal but did not pursue it until now.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Army Air Corps technical sergeant (E-6). 

The applicant entered active duty on 14 Oct 41.

On 14 Jan 43, the applicant’s aircraft was shot down and immediately captured.  

On 1 Feb 43, the applicant was imprisoned in a German prisoner of war camp.  

On 3 May 45, the applicant was liberated and returned to military control.  

On 13 Oct 45, he was honorably discharged with 2 years, 7 months, and 24 days of Foreign Service. 

On 11 Aug 20, the applicant’s record was corrected to reflect the award of the Prisoner of War Medal.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

Army Regulation 600-45, Personnel Decorations, 22 Sep 43, paragraph 17 outlines the criteria for the Air Medal and states, The Air Medal is awarded to persons, who, while serving in any capacity in or with the Army, distinguish themselves by meritorious achievement while participating in an aerial flight.  The Air Medal may be awarded to recognize single actions of merit or sustained operational activities against the enemy.  

Air Force Manual 36-2806, Awards and Memorialization Program, paragraph 3.19 (Requesting Statutory Time Waiver).  Recommendations submitted after the applicable time limitation are only considered if submitted pursuant to Title 10, United States Code, Section 1130 (10  U.S.C. § 1130).  This legislation allows consideration of recommendations submitted beyond the time limitation.  The requester submits a written request to a member of Congress for endorsement on a recommendation, pursuant to 10 U.S.C. § 1130.  Recommendations should include a narrative justification, citation, eyewitness statements, and supporting documents.  (Exhibit E).  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the official military personnel record to possibly provide administrative relief, AFPC/DP3SP was able to administratively award the Prisoner of War Medal.  However, they were unable to verify award of the Air Medal based on the official record and the documentation provided by the applicant.  Absent additional documentation verifying the applicant meets the established eligibility criteria, the Air Medal cannot be awarded.  To grant relief would be contrary to the criteria established by law, the Secretary of the Air Force per Air Force Manual 36-2806.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Aug 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant has exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice beyond the relief provided administratively.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant met the criteria for the award of the Air Medal.  Therefore, the Board recommends against correcting the applicant’s records.  However, the Board wishes to thank the applicant for his sacrifice, his bravery, and the example he set with his service in the defense of our nation. 

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-01966 in Executive Session on 24 Sep 20:

Mr. Panel Chair
Ms. Panel Member
Mr. Panel Member
All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Apr 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 9 Aug 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Aug 20.
Exhibit E: 	Applicable Authority (AFMAN 36-2806 extract). 

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.