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AF | BCMR | CY2005 | BC-2004-03001
Original file (BC-2004-03001.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03001
            INDEX CODE:  110.00
      XXXXXXXX   COUNSEL:  None

      XXXXXXXXXX HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a medal for his heroic actions in saving another member’s  life.
 In addition, his certificate of service be corrected to  reflect  his  rank
of captain and his date and place of birth be documented.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a captain in the medical corps serving as the  Flight  Base  surgeon.
He set out on foot in the snow for approximately 6 to 10 miles to examine  a
sick child.  When he arrived, he  found  the  child  to  be  conscious,  but
displayed a stiff neck and a fever.  She had T.B. meningitis. On his  return
to base in the snow, the fellow Army corporal collapsed in the snow and  did
not want to go on.  He ordered him to get up and hauled  him  to  his  feet.
It was 40 degrees below zero and he would  have  frozen  to  death  if  left
alone.  When  they  finally  arrived  at  the  Military  Police  shack,  his
commanding officer and others were impressed when they heard his story.   He
was told  he  had  saved  the  corporal’s  life  and  he  was  going  to  be
recommended for a medal for his actions.  Unfortunately, he  never  received
the medal.  This is a true accounting of events and asks that  consideration
be given to his request.

In support of his appeal, applicant submits a personal statement,  a  letter
from his Congressional member and copies  of  his  Certificate  of  Military
Service.  Applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were   lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part,  unsuccessful.   The  following
is the only known information pertaining to the applicant's service and  was
extracted from the partially reconstructed record.

The applicant’s Certificate of  Military  Service  indicates  the  applicant
entered active service in the Army of  the  United  States  on  17  February
1942.  He was honorably released from active duty on 25 January 1946 in  the
grade of captain.

On 24 September 2004, the National Personnel Records  Center  corrected  the
applicant’s certificate of service  to  reflect  applicant’s  correct  rank,
date and place of birth.

Based on the loss of the applicant’s records and in the absence of  official
documentation pertaining to the applicant’s service or  the  alleged  events
cited as a basis for his request  for  a  medal,  no  advisory  opinion  was
prepared in this case.


_________________________________________________________________

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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice.   After  a  thorough  review   of   the
applicant’s submission and the available  evidence,  we  are  not  persuaded
that he should be awarded a medal.  We note the applicant’s assertions  that
he was going to be recommended for a medal for his heroic  action;  however,
he did not provide any documentary evidence to substantiate his claim,  such
as  eyewitness  statements  that  would  account  for  his   actions.    The
recommendation to deny the requested relief in no way  diminishes  the  high
regard we have for his service.  However, in view of the above, we  find  no
basis to favorably consider this application.

4.  In regard to the applicant’s request that his Certificate of Service  be
corrected to reflect his date, place of birth and rank of captain,  we  note
that  on  24  September  2004,  a  corrected  Certificate  of  Service   was
accomplished reflecting these corrections.  Therefore, action by this  Board
on this request is not required.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the 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 18 January 2005, under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. B J White-Olson, Member
                 Mr. Larry Cawthon, Member

The following documentary evidence for AFBCMR Docket Number  2004-03001  was
considered:

     Exhibit A.  DD Form 149, dated 4 Aug 03, w/atchs.




                                  ROBERT S. BOYD
                                  Panel Chair

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