RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00899
            INDEX CODE:  107

            COUNSEL:  None

            HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Soldier’s Medal.

________________________________________________________________

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.

________________________________________________________________

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  Wiesbaden,  Germany.   He  flew  the
general officer and others  to  Marseilles,  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.

________________________________________________________________

AIR FORCE EVALUATION:

The Chief, 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.

________________________________________________________________

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.

________________________________________________________________

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.

________________________________________________________________

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.

________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 November 1999, under the provisions of AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gregory H. Petkoff, Member
              Ms. Melinda J. Loftin, Member
              Mrs. Joyce Earley, Examiner (without vote)

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 fr applicant, dated 9 Aug 99, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair





INDEX CODE:  107

AFBCMR 99-00899




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  on
7 June 1955, he was awarded the Soldier’s Medal for heroism.




                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency