ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-02742
COUNSEL: VFW
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Counsel requests consideration for a ten percent increase in the
applicant’s retired pay, retroactive to his retirement date, due to
the award of the Silver Star through AFBCMR action in July 1996.
_________________________________________________________________
RESUME OF CASE:
On 9 May 1996, the Board considered and granted the applicant’s
request for award of the Silver Star Medal for gallantry in action
while under enemy attack on Wake Island during the period 9 December
1941 to 23 December 1942. A summary of the evidence considered by the
Board and the rationale for its decision is set forth in the Record of
Proceedings, which is attached at Exhibit E.
Counsel petitioned the AFBCMR to review the nature of the applicant’s
actions and determine him eligible for the additional benefit as
provided for in Title 10, USC, Section 8991 (Exhibit F).
_________________________________________________________________
AIR FORCE EVALUATION:
Pursuant to the Board’s request, the Recognition Programs Branch, HQ
AFPC/DPPPRA, provided the following advisory opinion concerning the
additional retired pay issue.
DPPPRA stated that the SAF Personnel Council Board is the determining
authority for the 10% increase in retired pay when the Silver Star
Medal, Distinguished Flying Cross or Airman’ Medal is awarded to
enlisted members for extraordinary heroism. The Silver Star Medal was
awarded to the applicant for gallantry; therefore, he is not eligible
for the 10% increase in retired pay.
Had the Silver Star Medal been awarded for extraordinary heroism, the
SAF/PC Board would have had to render a decision on the applicant’s
entitlement to the 10% increase in retired pay. However, since the
decoration was awarded for gallantry, he is not eligible and the case
was not presented to SAF/PC. Since the applicant is still not
eligible, there would be no change in the pension his widow receives.
DPPPRA recommended no further action regarding the Silver Star Medal
awarded to the applicant (Exhibit G).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A family member, Mr. R. G. H---, reviewed the advisory opinion and
indicated that the applicant devoted many years of service to the Air
Force, five of which were in a Japanese prison camp. He was nominated
for the Silver Star fifty years before he received it due to
inaccurate or misplaced information. The applicant died in January
1998 and up until his passing, he tried to pursue the recognition for
his heroic effort during the siege of Wake Island. The Silver Star
was recommended in 1945 by the applicant’s commanding officer, he was
certain his CO was unaware the wording was not meant to reduce the
significance of the award or his benefits be discounted. Approval of
this request will mean a small increase in benefits for the
applicant’s spouse. A complete copy of this response is appended at
(Exhibit I).
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Board’s request, the Secretary of the Air Force
Personnel Council, SAF/PC, provided their definition of “gallantry”
and “heroism.” SAF/PC indicated that based on the criteria used for
award of the 10% Increase in Retired Pay, the Secretary of the Air
Force Awards and Decorations Board unanimously agreed that the
applicant did not meet the requirements for 10% Increase in Retired
Pay (Exhibit J).
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Counsel stated that the additional 10% in retired pay for Army Air
Corps/USAF Personnel is conferred where a person performs an
action(s); which are deemed extraordinary heroism. While conference
of this award by General Walter R--- fails to use the word
“extraordinary heroism”; it is noteworthy to mention that the Silver
Star was awarded some fifty years post its recommendation to the
petitioner. Counsel has reviewed the record and it has not been shown
the acts which were notably mentioned by General Walter R--- did not
result in injury to the applicant (Exhibit L).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After thoroughly and carefully reviewing the evidence presented, we
believe the applicant did display extraordinary heroism in action
while under enemy attack on Wake Island in December 1941. In our
opinion, the applicant exhibited the characteristics of gallantry and
extraordinary heroism beyond that required of his duty performance.
We, therefore, recommend the award of the Silver Star be corrected to
show that the applicant received the award for extraordinary heroism
rather than gallantry thereby entitling him to a ten percent increase
in his retired pay.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that the award of the
Silver Star for his action while under enemy attack on Wake Island,
during the period 9 December 1941 to 23 December 1941, was for
“extraordinary heroism” rather than “gallantry” and competent
authority determined he was entitled to a 10 percent increase in
retired pay pursuant to 10 U.S.C., Section 8991.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 14 May 1999, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mrs. Barbara A. Westgate, Member
Ms. Rita S. Looney, Member
The following additional documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 17 Jun 96.
Exhibit F. Letter from counsel, dated 19 Nov 96.
Exhibit G. Letter, HQ AFPC/DPPPRA, dated 26 Mar 98.
Exhibit H. Letter, SAF/MIBR, dated 6 Apr 98.
Exhibit I. Letter from applicant’s family member,
undated.
Exhibit J. Letter, SAF/PC, dated 1 Dec 98.
Exhibit K. Letter, AFBCMR, dated 8 Jan 99.
Exhibit L. Letter from counsel, dated 26 Jan 99.
THOMAS S. MARKIEWICZ
Panel Chair
AFBCMR 95-02742
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 the award of the
Silver Star for his action while under enemy attack on Wake Island,
during the period 9 December 1941 to 23 December 1941, was for
“extraordinary heroism” rather than “gallantry” and competent
authority determined he was entitled to a 10 percent increase in
retired pay pursuant to 10 U.S.C., Section 8991.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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