RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02127 INDEX CODE:	107.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Air Force Commendation Medal (AFCM).

APPLICANT CONTENDS THAT:
During the contested time period he was transferred to Deming, New Mexico as a fueler in charge of a refueling crew. On the day in question, due to negligence on the part of a member of his crew, a truck was improperly grounded causing the coupling hose to catch fire. With total disregard for his safety he jumped into the truck and drove it off the field and it exploded. He put his life on the line so that others would live. For his actions he was awarded a Letter of Commendation.

In support of his request, the applicant provided a personal statement, copies of his service medical records and documents extracted from his military personnel records.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The following information was derived from the documentation submitted by the applicant.

The applicant entered active duty in the Army Air Corps on
11 March 1943.  He served as an Airplane & Engine Mechanic.
On 12 May 1945, the applicant received a Letter of Commendation for his action on 20 April 1945. The letter states "when the refueling unit you were in charge of caught fire, and disregarding your own personal safety, drove it away from parked planes."

On 10 February 1946, the applicant was honorably discharged in the grade of private first class under the provisions of AR 615-

365 RR 1-1 (Convenience of the Government/Demobilization). He served 2 years, 7 months and 15 days on active duty.

The applicant's WD AGO 53-55, Enlisted Record and Report of Separation, Honorable Discharge, reflects that he was awarded the Soldier's Medal for his actions on 12 May 1945.

On 30 June 2008, AFPC/DPSIDR advised the applicant they were unable to verify his entitlement to a decoration for his Letter of Commendation. According to his report of separation, he was recognized with a Soldier's Medal for his actions on 12 May 1945. No other decorations are authorized for the same actions that occurred on that date.

The Air Force Commendation Medal was authorized by the Secretary of the Air Force on March 28, 1958, for award to members of the Armed Forces of the United States who, while serving in any capacity with the Air Force after 24 March 1958, shall have distinguished themselves by meritorious achievement and service. The degree of merit must be distinctive, though it need not be unique. Acts of courage which do not involve the voluntary risk of life required for the Soldier's Medal (or the Airman's Medal now authorized for the Air Force) may be considered for the AFCM.

AIR FORCE EVALUATION:
HQ AFPC/DPSIDR received this case on 20 June 2009 for an advisory opinion and has failed to provide one.

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 an injustice. We took notice of the applicant's complete submission in judging the merits of this case; however, the applicant has not submitted evidence to verify his entitlement to an AFCM. The applicant received a Letter of Commendation for his noble actions on
20 April 1945 and according to his WD AGO Form 53-55, it appears he was also awarded the Soldier's Medal for this same act. We are constrained to note that in accordance with governing directives, no other decorations are authorized for the same actions. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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-2008-02127 in Executive Session on 13 August 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02127 was considered:

Exhibit A.	DD Form 149, dated 9 February 2008, w/atchs.