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AF | BCMR | CY2005 | BC-2005-02307
Original file (BC-2005-02307.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02307
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  N0

MANDATORY CASE COMPLETION DATE: 25 Jan 07

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Humanitarian Service Medal (HSM).

________________________________________________________________

APPLICANT CONTENDS THAT:

On 10 May 53, he and two other Airmen rescued a German National and his  son
from a car accident and took them to the hospital in Koblenz, Germany.   The
incident was forgotten until one of the Airmen read that 12th Air Force  was
looking for them after the German National had initiated a  search  to  find
them.

In support of his request, applicant provided a  personal  statement  and  a
Stars  and  Stripes  newspaper  article.   His  complete  submission,   with
attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  4
Apr 51 and served various assignments in the Regular Air Force and  the  Air
National Guard.  He was  progressively  promoted  to  the  grade  of  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Apr 69.  He served in Germany from 17 Sep 51 to 17 Sep 54.  On  31  Aug  73,
he voluntarily retired for  years  of  service.   He  served  20  years  and
1 month on active duty.

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR  states  The  Soldiers  Medal  is  more
appropriate for his heroic efforts not the HSM.  He did not  provide  enough
documentation to support his claim such as a  letter  of  recommendation  or
special orders awarding him an award for his heroic efforts.

The DPPPR evaluation is at Exhibit C.
________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s states in view of the comments of DPPPR  he  would  like  to  be
awarded the Soldier’s Medal rather than the HSM.  He has  no  recommendation
or special orders awarding him an award for his heroic  effort  and  finding
his former commander to verify this act would be a fruitless effort  because
of the passing of time.

His complete response is 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  Notwithstanding the fact that we find  the
applicant's actions on  10  May  53  commendable,  we  are  unable  to  find
evidence of an error in this case and are not persuaded by  his  contentions
that he has been the victim of an injustice.  Applicant initially  requested
award of the HSM for his actions, but after noting  that  the  HSM  was  not
established until 1975, he requests award of the Soldier's Medal.   Criteria
for award of the Soldier's Medal requires that  the  performance  must  have
involved the voluntary risk of life.  Applicant has  not  provided  evidence
which would show that his actions on 10 May 53 involved the  voluntary  risk
of his life and meets  the  criteria  for  award  of  the  Soldier's  Medal.
Therefore, we agree with the opinion and recommendation  of  the  Air  Force
office of primary responsibility and adopt its rationale as  the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  In  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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 AFBCMR Docket Number  BC-2005-
02307 in Executive Session on 13 Dec 05, under the  provisions  of  AFI  36-
2603:

      Ms. BJ White-Olson, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 26 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 05.
    Exhibit E.  Letter, Applicant, dated 8 Nov 05.




                                   BJ WHITE-OLSON
                                   Panel Chair

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