RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-1999-00899
		INDEX CODE:  107

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Soldier’s Medal.

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APPLICANT CONTENDS THAT:

When he was awarded the National Safety Council’s President’s Medal in Nov 55 by the general officer for whom he worked, he was told that he would receive the Soldier’s Medal (the Airman’s Medal was not established until 1960).  He did inquire about the award of the Soldier’s Medal while on active duty but was told he had waited for over five years and nothing could be done.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant served on active duty from 26 Jul 42 – 31 Mar 63.

On 7 Jun 55, the applicant was the aide-de-camp and pilot for a general officer and stationed in XXXXXXX, Germany.  He flew the general officer and others to XXXXXX, France, for a meeting.  While waiting on the airstrip, the crew took shelter under the wing of the aircraft when a violent rainstorm hit the area.  Lightning struck, injuring those taking shelter under the wing of the aircraft.  The applicant was dazed but one of the airmen was unconscious and not breathing.  The applicant administered CPR, bringing the airman back to consciousness.

In Nov 55, the applicant was presented with the National Safety Council’s President’s Medal for his actions.

On 31 Mar 63, the applicant retired from the Air Force Reserve with an honorable characterization of service in the grade of major.  He was credited with 20 years, 8 months, and 5 days of active service.

On 5 Feb 99, under the National Defense Authorization Act of 1996 (Section 526), the applicant requested award of the Soldier’s Medal.  The case was sent to the Secretary of the Air Force Personnel Council (SAFPC) board and the applicant was advised that the incident, although commendable, did not meet the criteria for award of the Soldier’s Medal.

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AIR FORCE EVALUATION:

The XXXXX, Awards & Decorations Section, AFPC/DPPPR, reviewed this application and indicated that the Soldier’s Medal is awarded to members of the Armed Forces of the United States…who…distinguish themselves by heroism not involving actual conflict with an enemy.  The criteria for the Airman’s Medal is more definitive, stating, “…distinguish themselves by heroism involving voluntary risk of life under conditions other than those of actual conflict with an enemy.”  DPPPR states that there is no doubt whatsoever that the event the applicant describes took place and that he may have saved the airman’s life.  However, he received recognition through the National Safety Council; the general officer for whom he worked not only presented the President’s Medal to him but was probably the individual who initiated the recommendation.  DPPPR believes the applicant received sufficient recognition for his actions through publicity and award of the President’s Medal by the National Safety Council.  Since the applicant’s actions do not meet the criteria for the Soldier’s Medal, DPPPR cannot verify his eligibility for this decoration and recommend disapproval of the applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and provided a three-page response.

Applicant’s complete response, with attachments, is attached at Exhibit E.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Even though the applicant has not substantiated that he was ever recommended for award of the Soldier’s Medal, after a thorough review of his submission, we are sufficiently persuaded that the applicant did, in fact, save the life of the mentioned airman.  In this respect, we note that the criteria for the Soldier’s Medal states, “distinguish themselves by heroism not involving actual conflict with an enemy.”  We believe that this act would have been sufficient to warrant award of the Soldier’s Medal.  In view of the foregoing and in order to offset any possibility of an injustice, we are convinced that this act was deserving of the requested award.  Therefore, we recommend the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 7 Jun 55, he was awarded the Solder’s Medal for heroism.

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The following members of the Board considered this application in Executive Session on 4 November 1999, 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 149s, dated 2 Apr & 27 Apr 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 22 Jul 99, w/atchs.
     Exhibit D.  Letter, AFBCMR, dated 9 Aug 99.
     Exhibit E.  Letter frOM applicant, dated 9 Aug 99, w/atchs.