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AF | BCMR | CY2001 | 0001598A
Original file (0001598A.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 00-01598

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Congressional Medal of Honor (MOH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should be awarded the MOH based on his  heroic  actions  on  10 September
1972, when he walked through an exploding munitions  dump  to  save  injured
South Vietnamese airmen.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 January 2001,  the  Board  considered  applicant’s  request  that  his
records be corrected to show that he  was  awarded  the  Small  Arms  Expert
Marksmanship Ribbon.  The Board found insufficient evidence  of  a  probable
error or injustice and denied the  application.   A  complete  copy  of  the
Record of Proceedings is at Exhibit E.

In a  letter  to  his  Congressman,  dated  28  April  2001,  the  applicant
requested that he be awarded the MOH (Exhibit F).

The Medal of Honor is awarded by the President, in the name of Congress,  to
a person who distinguishes himself or  herself  conspicuously  by  gallantry
and intrepidity at the risk of his or her life above and beyond the call  of
duty while engaged in an action against an enemy of the United States.   The
deed performed must have been one of personal bravery or self  sacrifice  so
conspicuous as to clearly distinguish the individual above his comrades  and
must have involved the risk of life.

_________________________________________________________________




AIR FORCE EVALUATION:

The  Chief,  Recognition   Programs   Branch,   AFPC/DPPPR,   reviewed   the
application and states that there is no documentation to indicate  that  the
applicant  was  ever  recommended  for  the  MOH,  only  that  he  had  been
nominated.  However, there is no indication as to who nominated him for  the
award, or why.  Allegations are made that the events of  10  September  1972
at Bien Hoa Air Base are no longer available, but there  is  no  mention  of
what events are no longer available.  Furthermore, there is  no  mention  of
exactly what the applicant was supposed to have done to earn the MOH,  other
than a vague reference to his  walking  through  a  bomb  dump  looking  for
survivors.  They can find no office  within  the  Air  Force  that  has  any
knowledge of the applicant being recommended for the MOH.   Therefore,  they
cannot verify his eligibility for the award  and  recommend  denial  of  his
request.

A complete copy of the evaluation is attached at Exhibit I.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  that  he  went
beyond the call of duty in entering the  exploding  bomb  dump  with  little
regard for his own life to save South  Vietnamese  airmen.   When  the  bomb
dump exploded, he did not go through a rule book and say  that  he  did  not
have to look for survivors, but realized the injured were human  beings  and
he could not abandon them.

The applicant’s complete response, with attachments, is at Exhibit K.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  It  should  be  noted  that  this
Board does not have the authority to award the applicant the MOH.   We  can,
however, if the evidence warrants, recommend he be considered for  the  MOH.
After  a  thorough  review  of  the  evidence  of  record  and   applicant’s
submission, we are not persuaded that relief should be granted.  The  office
of primary responsibility has adequately addressed  applicant’s  contentions
and we agree with its opinion and recommendation.   The  personal  sacrifice
the applicant endured for his country is noted and our decision  in  no  way
diminishes the high regard we have for his  service;  however,  insufficient
documentary evidence has been presented to warrant recommending him for  the
Medal of Honor.  We, therefore, adopt the rationale expressed as  the  basis
for our decision that the applicant has failed to sustain  his  burden  that
he has suffered either  an  error  or  an  injustice.   Hence,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the additional  evidence  presented  did  not
demonstrate the existence of probable material error or injustice; that  the
application  was  denied  without  a  personal  appearance;  and  that   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 this application in  Executive
Session on 21 November 2001, under the provisions of AFI 36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Ms. Barbara J. White-Olson, Member
                  Mr. George Franklin, Member

The following documentary evidence was considered:

      Exhibit E.  Record of Proceedings, dated 16 Apr 93, w/atchs.
      Exhibit F.  Letter, Sen Miller, dated 3 May 01, w/atchs.
      Exhibit G.  Letter, AFBCMR, dated 11 Jun 01.
      Exhibit H.  Letter, Sen Miller, dated 1 Jul 01, w/atchs.
      Exhibit I.  Letter, AFPC/DPPPR, dated 30 Jul 01.
      Exhibit J.  Letter, SAF/MIBR, dated 3 Aug 01.
      Exhibit K.  Letter,  C.Burnham,  PhD,  dated  12  Aug  01,
w/atchs.





                                   GREGORY H. PETKOFF
                                   Panel Chair

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