RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03980 INDEX CODE: 107.00 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Air Force Commendation Medal with Second Oak Leaf Cluster (AFCM w/2OLC) be upgraded to the Airman’s Medal (AmnM). _________________________________________________________________ APPLICANT CONTENDS THAT: The documentation submitted for his AFCM w/2OLC met the criteria for the AmnM and was submitted for heroic and voluntary risk of life. Unfortunately, due to administrative errors beyond his unit’s control, action was not taken in a timely manner. As a result the decoration was downgraded. In support of his appeal, the applicant provides a copy of a recommendation letter requesting he be awarded the AmnM, a letter concerning late award packages, a decoration report on individual personnel, and his AFCM w/2OLC citation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 16 December 1975, the applicant enlisted in the Regular Air Force at the age of 19. He was progressively promoted to the grade of chief master sergeant effective and with a date of rank of 1 March 1998. On 9 April 1984, the applicant was awarded the AFCM w/2OLC for outstanding achievement involving voluntary risk of life at Incirlik Village near Incirlik Air Base, Turkey, on 24 November 1982, by entering a burning dwelling and succeeding to get everyone to safety and extinguishing the fire without regard for his own safety. On 29 February 2000, the applicant was honorably discharged and retired effective 1 March 2000. He served 24 years, 2 months, and 15 days on active duty. The remaining relevant facts are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denying the applicant’s request to upgrade his AFCM w/2OLC to the AmnM. DPSIDR states the AmnM is awarded to members of the United States Armed Forces or of a friendly foreign nation who, while serving in any capacity with the United States Air Force after the date of the award’s authorization, shall have distinguished himself or herself by a heroic act, usually at the risk of his or her life but not involving actual combat. The saving of a life or success of the voluntary act is not essential. It is not awarded for normal performance of duties. DPSIDR indicates the applicant was submitted for award of the AmnM for outstanding achievement involving voluntary risk of life on 24 November 1982. However, the AmnM recommendation was downgraded to the AFCM w/2OLC by Headquarters European Communications Division per Special Order G-62, dated 9 April 1984. No official documentation was recorded as being submitted or endorsed by higher authorities within the applicant’s chain of command for a one-time reconsideration for decoration upgrade of the applicant’s AFCM w/2OLC to the AmnM. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responds that the facts show his efforts meet the criteria for award of the AmnM. Through no fault of his own, the continuous administrative errors, time lag, and subsequent change of command personnel caused his recommendation for award of the AmnM to be downgraded. He is only asking that his service be recognized and that because of the errors made and reasonable doubt, his decoration be upgraded to its original request. The applicant’s rebuttal is at Exhibit E. _________________________________________________________________ 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 an injustice. After reviewing the documentation submitted with this application, we believe the applicant demonstrated heroic actions on 24 November 1984 which meet the criteria for the AmnM. On that date, the applicant voluntarily responded without regard to his own safety to a burning dwelling in Incirlik Village, Turkey. In spite of the potential danger, the applicant succeeded in getting the occupants to safety and extinguishing the fire. We agree the applicant’s actions were above the call of duty and that his lifesaving actions risked his own life while saving others. In fact, we note the applicant was initially submitted for award of the AmnM on 13 December 1982 with strong command support. However, after an unusual lapse of time for processing the award package and apparent miscommunications between the command and the personnel office, the recommendation was subsequently downgraded to an AFCM w/2OLC. Based on the above information and in the interest of equity and justice, we elect to resolve any doubt in favor of the applicant. In addition, we note that award of the AmnM could qualify a recipient for a ten percent increase in retirement pay for extraordinary heroism; therefore, we forwarded our recommendation to the Secretary of the Air Force Personnel Council (SAFPC) for consideration. SAFPC; however, has verified the applicant does not meet the criteria for award of the additional ten percent retired pay. Accordingly, we recommend his record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. On 9 April 1984, he was awarded the Airman’s Medal rather than the Air Force Commendation Medal (AFCM) Second Oak Leaf Cluster (2OLC) for heroism involving voluntary risk of life at Incirlik Village, Turkey, on 24 November 1982. b. His AFCM (3OLC) and AFCM (4OLC) be amended to reflect award of the AFCM (2OLC) and (3OLC) respectively. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 5 February 2009, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2008- 03980 was considered: Exhibit A. DD Form 149, dated 29 Oct 08, with atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 2 Dec 08. Exhibit D. Letter, SAF/MRBR, dated 12 Dec 08. Exhibit E. Applicant’s Rebuttal, dated 2 Jan 09. Director Air Force Review Boards Agency