RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03814
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  17 APRIL 2006

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and the Soldier’s Medal (SM) as recognition for taking charge of surviving military personnel after their C-47 airplane crashed.

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APPLICANT CONTENDS THAT:

He was never recognized for his heroic act of saving the lives of surviving crewmembers of the crash.  The only surviving pilot of the mishap assumed he had received a medal for his actions.  In support of the application, the applicant submits a newspaper article.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 13 June 1955, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) at the age of 18 for a period of four years.  He was progressively promoted to the grade of airman second class effective and with a date of rank of 27 August 1960.

The applicant’s records indicate he received the National Defense Service Medal, the Air Crew Member Badge, the Good Conduct Medal, and the Air Force Longevity Service Award.  On 30 January 1959, the applicant was honorably released from active duty, and transferred to the Air Force Reserve.  He had served 3 years, 7 months and 18 days on active duty, to include 2 years and 7 days of foreign service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial of the applicant’s request.  DPPPR states to be awarded the DFC, a member must provide documentation to support acts of heroism or meritorious achievements while participating in aerial flight in actual combat in support of operations, and the member did not provide said documentation.  

DPPPR explains to be awarded the SM, a member must provide documentation to support acts of heroism not involving actual conflict with an armed enemy of the United States.  On 3 June 1957, the applicant was among the nine people on the C-47 plane, ferrying personnel and equipment to radar sites in Alaska when the plane’s right engine failed.  The C-47 fell from the sky into the forest below almost 300 miles southwest of Fairbanks.  Two pilots died in the crash.  The applicant led his four fellow enlisted men through an emergency exit to safety, freed the navigator and carried him to a safe area.  The applicant was carrying the pilot out of the plane when a fuel and oxygen tank exploded.  The applicant was never recognized for his heroic act and the pilot assumed he had been awarded the Soldier’s Medal.  

DPPPR suggests the applicant may pursue the DFC and SM under the provisions of the 1996 National Defense Authorization Act (NDAA).  The timeline for submitting decorations used to be two years from the date of the act or achievement; however, this timeline has since been waived.  The written recommendations must meet two criteria is:  1) be made by someone other than the member himself, in the member’s Chain of Command at the time of the incident, and, who has firsthand knowledge of the acts or achievements; and 2) be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred.  DPPPR suggests the applicant us the provisions of the 1996 NDAA.

DPPPR’s evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 26 January 2005, the applicant states there are no unit records, sketches, maps, diagrams, or official USAF photographs.  The flight records folder for this period is empty, and his DD 214 shows no record of the accident.  He reiterates circumstances surrounding the mishap, and provides newspaper articles, a letter from the only surviving officer, a letter to the surviving officer, a personal statement, and excerpts from his military personnel records (Exhibit E). 

The only surviving officer of the accident submitted a letter dated 2 February 2005 (Exhibit F).  

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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 error or injustice with respect to the applicant’s request for the Soldier’s Medal.  This medal is awarded to those service members who distinguished themselves by heroic actions, usually at the voluntary risk of life, but not involving actual combat.  In our view, the eyewitness statement provided by the only surviving pilot of the aircraft accident supports the applicant’s request to receive this award, and, in our opinion, meets the criteria for the award of the medal.  In view of the above, we believe that any doubt in this matter should be resolved in his favor and that his records should be corrected as indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicant’s request for award of the Distinguished Flying Cross.  The applicant requests he be awarded the DFC as recognition for his actions taken after a plane crash; however, from the evidence provided, it does not appear the actions under review met the criteria for award of this medal.  Rather, in view of the above, we believe the correction we propose ensures he will be afforded proper and fitting relief based on his actions on 3 June 1957.

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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 10 June 1957, he was awarded the Soldier’s Medal for extraordinary heroism on 3 June 1957, and competent authority determined he was entitled to a 10 percent increase in Reserve retired pay pursuant to Title 10, United States Code, Section 12739, effective 1 October 2002.

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The following members of the Board considered this application in Executive Session on 22 June 2005, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in AFBCMR docket number BC-2004-03814 :

	Exhibit A.  DD Form 149, dated 02 Dec 04, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPO, dated.18 February 04.
	Exhibit D.  Letter, HQ AFPC/DPPPR, dated 29 Dec 04, w/atch.
	Exhibit E.  Applicant’s Rebuttal, dated 26 Jan 05 w/atchs.
Exhibit F.  Support Letter, dated 2 Feb 05.

			

AFBCMR BC-2004-03814

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXX, be corrected to show that, on 10 June 1957, he was awarded the Soldier’s Medal for extraordinary heroism on 3 June 1957, and competent authority determined he was entitled to a 10 percent increase in Reserve retired pay pursuant to Title 10, United States Code, Section 12739, effective 1 October 2002.