RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-01504
                                             INDEX CODE:  131.05, 102.06
      APPLICANT                         COUNSEL:  None

                                             HEARING DESIRED:  Yes

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was  awarded  the  Airman’s  Medal  for
heroism on 11 September 2001, rather than Meritorious Service  Medal  (MSM)
for Outstanding Achievement.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Other recipients of the Airman’s, Soldier’s and  Sailor’s  Medal  performed
the same heroic acts in the same location at the same time.

The action to downgrade the recommended award of the Airman’s Medal to  the
MSM was unjust and contrary to the provisions of AFI 36-2803.

He does not believe that reviewing officials evaluated his sworn  statement
or the other witnesses’ statements properly.

In support of his application, he  provided  personal  statements,  several
sworn and supportive statements by the Air Force Surgeon General and  other
individuals who observed his actions on 11 September  2001,  extracts  from
periodicals concerning his actions on 11 September 2001, and a copy of  the
Citation to Accompany the Award of the  Airman’s  Medal.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably relieved from  active  duty  in  the  grade  of
technical sergeant on 30 June 2002 and retired for length of service  on  1
July 2002.  He was credited with 20 years of active duty service.   At  the
time of the events under review, he was assigned to duties at the ----.

On 12 December 2001, the Air Force Decoration Board, having considered  the
recommendation of the applicant’s commanders that he receive  the  Airman’s
Medal, recommended that the he be awarded the Air Force Commendation  Medal
(AFCM) or lesser award per AFI 36-2803, Table 1.1.  Upon reconsideration of
his superior officer’s  resubmission,  on  22 March  2002,  the  Air  Force
Decoration Board downgraded the Airman’s Medal resubmission and approved an
MSM for Outstanding Achievement.  The applicant’s unit was notified of  the
foregoing decision and was provided copies of the Orders  and  Citation  to
accompany the award of the MSM to the applicant.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended the application be denied.   DPPPR  noted  that  the
recommendation for award of the Airman’s Medal was downgraded  to  the  MSM
and that a request for reconsideration for an upgrade  was  denied  because
the applicant’s actions did not meet the criteria for award of the Airman’s
Medal.  DPPPR stated that  the  Airman’s  Medal  is  awarded  for  “heroism
involving voluntary risk of life  under  conditions  other  than  those  of
actual conflict with an enemy.”  The original decoration was downgraded  to
the MSM by SAF/PC, and when the request for reconsideration was  submitted,
it was again denied.  DPPPR is of the opinion that  there  is  insufficient
documentation to verify  the  applicant’s  eligibility  for  award  of  the
Airman’s Medal.

The Air Force evaluation, with attachments, is at Exhibit C.

Pursuant to the Board’s request, the current Director and Deputy  Director,
SAF/PC provided informal opinions for review.  The Deputy  Director  stated
that the most compelling evidence in support of awarding the Airman’s Medal
to the applicant is the witness statement of Lt Colonel C--, USA,  dated  8
February 2002.  From  that  statement,  it  is  clear  that  the  applicant
repeatedly exposed himself to perilous and  potentially  lethal  conditions
while rendering aid to others who may very well have not  survived  due  to
these  same  conditions.   Despite  the  nonconcurrence  of  two   previous
Decoration Boards, the Deputy Director stated he saw no critical reason for
not supporting the award.  An Airman’s Medal seems far more appropriate and
less of a stretch than an MSM or AFCM, neither of which can be awarded  for
heroism (although the AFCM can be awarded for “acts of courage.”)   If  one
were to employ the “while-engaged-in-an-action-against-an-enemy”  criteria,
then a Bronze Star would also work but this officer stated he  prefers  the
Airman’s Medal for appropriateness.  In a review dated  17  November  2002,
the Director, SAF/PC who,  according  to  AFI  36-2803,  is  the  approving
authority for award of the Airman’s Medal, stated that it is clear  to  him
that this award should be approved as an Airman’s Medal.
The 8 February 2002 witness statement has validated the level  of  heroism.
The Director, SAF/PC fully supports, after a re-review, the  award  of  the
Airman’s Medal to the applicant.  This evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the DPPPR advisory opinion was forwarded to the applicant  on  30
August 2002 for review and comment.  As  of  this  date,  this  office  has
received no response.

__________________________________________________________________

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  error  or  injustice.   After  reviewing  all  the  documents
presented, we believe favorable consideration of the applicant’s request is
warranted.  In addition to the witness statements previously  seen  by  the
award approving authority, the  Air  Force  Personnel  Council  Decorations
Board, the applicant has provided additional witness statements in  support
of his appeal.  In view of the  contents  of  all  these  statements,  when
considered together, it is now the  opinion  of  the  Air  Force  Personnel
Council that, by his  actions,  the  applicant’s  did  place  his  life  in
jeopardy while engaged in rendering aid to others who very  possibly  would
not have survived had he not  done  so.   We  are  in  complete  with  this
assessment of the case and strongly believe that, by his  actions  on  that
day, the applicant should be recognized by award  of  the  Airman’s  Medal.
Accordingly,  in  view  of  all  the  above,  we  are  convinced  that  the
applicant’s records should be corrected in the following manner.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT be corrected to show that, on 22 March 2002,  he  was  awarded
the Airman’s Medal for extraordinary heroism on 11 September  2001,  rather
than the Meritorious Service Medal for non-combat meritorious achievement.

___________________________________________________________________

The following members of the Board considered  Docket  Number  02-01504  in
Executive Session on 26 November 2002, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Cheryl Jacobson, Member
                 Mr. Billy C. Baxter, Member

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

     Exhibit A.  DD Form 149, dated 22 April 2002, with
                 attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 26 August 2002, with
                 attachments.
     Exhibit D.  Letter, SAF/MRBR, dated 30 August 2002.
     Exhibit E.  Memo, SAF/PC, dated 17 November 2002.




                                   RICHARD A. PETERSON
                                   Panel Chair








AFBCMR 02-01504




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 APPLICANT be corrected to show that, on 22 March 2002, he was
awarded the Airman’s Medal for extraordinary heroism on 11 September
2001, rather than the Meritorious Service Medal for non-combat
meritorious achievement.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency