RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03814
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  17 APRIL 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and the  Soldier’s  Medal
(SM) as recognition for taking charge of surviving military personnel  after
their C-47 airplane crashed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never recognized for his heroic act of saving the lives of  surviving
crewmembers of the crash.  The only surviving pilot of  the  mishap  assumed
he had received a medal for his actions.  In  support  of  the  application,
the  applicant  submits  a  newspaper  article.   The  applicant's  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 June 1955, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman basic (E-1) at the age of 18 for a  period  of  four  years.
He was progressively promoted to the grade of airman second class  effective
and with a date of rank of 27 August 1960.

The applicant’s records indicate he received the  National  Defense  Service
Medal, the Air Crew Member Badge, the Good Conduct Medal, and the Air  Force
Longevity Service Award.  On 30 January 1959, the  applicant  was  honorably
released from active duty, and transferred to the  Air  Force  Reserve.   He
had served 3 years, 7 months and 18 days on active duty, to include 2  years
and 7 days of foreign service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial of the applicant’s  request.   DPPPR  states
to be awarded the DFC, a member must provide documentation to  support  acts
of heroism or meritorious achievements while participating in aerial  flight
in actual combat in support of operations, and the member  did  not  provide
said documentation.

DPPPR explains to be awarded the SM, a member must provide documentation  to
support acts of heroism not involving actual conflict with  an  armed  enemy
of the United States.  On 3 June 1957, the  applicant  was  among  the  nine
people on the C-47 plane, ferrying personnel and equipment  to  radar  sites
in Alaska when the plane’s right engine failed.  The C-47 fell from the  sky
into the forest below almost 300 miles southwest of Fairbanks.   Two  pilots
died in the crash.  The applicant led his four fellow enlisted  men  through
an emergency exit to safety, freed the navigator and carried him to  a  safe
area.  The applicant was carrying the pilot out of the  plane  when  a  fuel
and oxygen tank exploded.   The  applicant  was  never  recognized  for  his
heroic act and the pilot assumed he had been awarded the Soldier’s Medal.

DPPPR suggests the applicant may pursue the DFC and SM under the  provisions
of the 1996 National Defense Authorization Act  (NDAA).   The  timeline  for
submitting decorations used to be two years from the  date  of  the  act  or
achievement; however, this timeline has  since  been  waived.   The  written
recommendations must meet two criteria is:  1)  be  made  by  someone  other
than the member himself, in the member’s Chain of Command  at  the  time  of
the incident, and, who has firsthand knowledge of the acts or  achievements;
and 2) be submitted through a congressional member who can  ask  a  military
service to review a proposal for a decoration based on  the  merits  of  the
proposal and the award  criteria  in  existence  when  the  event  occurred.
DPPPR suggests the applicant us the provisions of the 1996 NDAA.

DPPPR’s evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 26 January 2005, the applicant  states  there  are  no
unit records, sketches, maps, diagrams, or official USAF  photographs.   The
flight records folder for this period is empty, and  his  DD  214  shows  no
record  of  the  accident.   He  reiterates  circumstances  surrounding  the
mishap, and provides newspaper articles, a letter from  the  only  surviving
officer, a letter to  the  surviving  officer,  a  personal  statement,  and
excerpts from his military personnel records (Exhibit E).

The only  surviving  officer  of  the  accident  submitted  a  letter  dated
2 February 2005 (Exhibit F).

_________________________________________________________________


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 error or injustice with respect to the applicant’s request  for
the Soldier’s Medal.  This medal is awarded to  those  service  members  who
distinguished themselves by heroic actions, usually at  the  voluntary  risk
of life, but not involving actual  combat.   In  our  view,  the  eyewitness
statement provided by the only surviving  pilot  of  the  aircraft  accident
supports the  applicant’s  request  to  receive  this  award,  and,  in  our
opinion, meets the criteria for the award of the  medal.   In  view  of  the
above, we believe that any doubt in this matter should be  resolved  in  his
favor and that his records should be corrected as indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice with respect to the applicant’s request  for
award of the Distinguished Flying  Cross.   The  applicant  requests  he  be
awarded the DFC as recognition for his actions taken after  a  plane  crash;
however, from the evidence provided, it does not appear  the  actions  under
review met the criteria for award of this medal.  Rather,  in  view  of  the
above, we believe the correction we propose  ensures  he  will  be  afforded
proper and fitting relief based on his actions on 3 June 1957.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, on 10 June 1957, he was awarded  the
Soldier’s Medal for extraordinary heroism  on  3 June  1957,  and  competent
authority determined he was entitled to a 10  percent  increase  in  Reserve
retired pay pursuant  to  Title  10,  United  States  Code,  Section  12739,
effective 1 October 2002.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 22 June 2005, under the provisions of AFI 36-2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Ms. B. J. White-Olson, Member
      Mr. James W. Russell III, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in AFBCMR docket number BC-2004-03814 :

      Exhibit A.  DD Form 149, dated 02 Dec 04, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPO, dated.18 February 04.
      Exhibit D.  Letter, HQ AFPC/DPPPR, dated 29 Dec 04, w/atch.
      Exhibit E.  Applicant’s Rebuttal, dated 26 Jan 05 w/atchs.
      Exhibit F.  Support Letter, dated 2 Feb 05.




                 FREDERICK R. BEAMAN III
                 Panel Chair





AFBCMR BC-2004-03814



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 10 June 1957, he was
awarded the Soldier’s Medal for extraordinary heroism on 3 June 1957, and
competent authority determined he was entitled to a 10 percent increase
in Reserve retired pay pursuant to Title 10, United States Code, Section
12739, effective 1 October 2002.









  JOE G. LINEBERGER

  Director

Air Force Review Boards Agency