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AF | BCMR | CY1999 | 9900789
Original file (9900789.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00789
                 INDEX CODE:  107

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The award of the Air Force Commendation Medal First Oak  Leaf  Cluster
(AFCM 1OLC), dated 11 December  1989,  be  upgraded  to  the  Airman’s
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The minutes from the original  awards  and  decorations  board  stated
there  was  no  voluntary  risk  of  life  demonstrated   during   his
(applicant’s) rescue efforts.  He believes that  the  wording  of  the
citation package did not fully demonstrate  that  this  risk  was,  in
fact, present.  Although the board had only the  best  intentions,  it
was severely constrained by the 30-minute time frame it had to  review
several award and decoration nominations.  Because of this limitation,
he doesn’t feel the members had enough time to review all of the facts
in his award nomination.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate Air Force  office  of  primary  responsibility  (OPR).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief,  Recognition  Programs  Branch,  Promotion,  Evaluation,  &
Recognition  Division,  HQ  AFPC/DPPPR,  states  that   the   original
recommendation package, containing the narrative justification, can no
longer  be  found,  according  to  the  applicant  who  exhausted  all
administrative channels to locate the package.  The applicant  alleges
that neither board had adequate time to consider his case.  AFPC/DPPPR
can find no reference to the applicant’s life being endangered at  the
time of the rescue, since he managed to put out the small engine fires
each time they flared.  Two competent decoration boards  reviewed  the
recommendation and both recommended downgrades.  Recommend disapproval
of the request to upgrade the AFCM (1OLC).

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 April 1999 for review and response.  The applicant responded to the
evaluation and submitted a statement from the  Assistant  Fire  Chief,
Abilene Fire Department, Kansas supporting the  applicant’s  voluntary
risk of life regarding the vehicle accident.

Applicant’s response, with attachment, is attached at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence  of  probable  error  or  injustice  to  warrant   favorable
consideration to the applicant’s request for an upgrade of  the  award
of the Air Force Commendation Medal First Oak Leaf Cluster (AFCM 1OLC)
to the Airman’s Medal.  After a review of the available  evidence,  it
appears that the applicant  was  recommended  for  the  award  of  the
Airman’s Medal for  voluntary  risk  of  his  life  trying  to  rescue
individuals  from  a  serious  automobile  accident  on  9  May  1988.
However, the recommendation was downgraded and the applicant  received
an AFCM 1OLC for this action.  After reviewing the definitions of  the
AFCM and  the  Airman’s  Medal  and,  reading  the  testimony  of  the
Assistant Fire Chief, Abilene Fire Department,  we  believe  that  the
Airman’s Medal is the more appropriate award.   It  appears  that  the
AFCM is more likely awarded for outstanding achievement or meritorious
service.  We believe, as stated by the Assistant Fire Chief, that  the
applicant did demonstrate courage of the highest degree  to  save  the
lives of two passengers who were trapped in a  vehicle.   The  vehicle
had damage to the engine and fuel lines  that  could  have  caused  an
explosion that would have been fatal to anyone nearby.  We believe the
applicant did place a risk to his life to save others and he should be
rewarded with the appropriate medal for heroism  that  was  originally
recommended.   Therefore,  we  recommend  in  all  fairness   to   the
applicant, that his records  be  corrected  to  the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  competent  authority
determined that his actions on 9 May 1988,  near  Enterprise,  Kansas,
merited the award of the Airman’s Medal for heroism, rather  than  the
Air Force Commendation Medal, First Oak Leaf Cluster.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 September 1999, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Patrick R. Wheeler, Member
              Ms. Rita J. Maldonado, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Mar 99, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPR, dated 31 Mar 99.
   Exhibit C.  Letter, AFBMCR, datedd 19 Apr 99.
   Exhibit D.  Applicant’s Letter, dated 6 May 99, w/atch.




                                   RICHARD A. PETERSON
                                   Panel Chair


INDEX CODE:  107

AFBCMR 99-00789




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        ,         be corrected to show that competent
authority determined that his actions on 9 May 1988, near Enterprise,
Kansas, merited the award of the Airman’s Medal for heroism, rather
than the Air Force Commendation Medal, First Oak Leaf Cluster.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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