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AF | BCMR | CY1999 | BC-1995-02742A
Original file (BC-1995-02742A.doc) Auto-classification: Approved

                                 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. XXXX, 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 XXXX 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 XXXX 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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