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AF | BCMR | CY1999 | BC-1997-02439
Original file (BC-1997-02439.doc) Auto-classification: Approved

                        RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-02439
            INDEX CODE: 136.00

            COUNSEL:  NONE

            HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His retired pay be corrected to reflect 10% increase for  heroism  pay
for receipt of the Soldier’s Medal in World War II.

2.    He be awarded all back pay retroactive to his date  of  retirement,  1
September 1955.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Technical  Branch,  Retired  Pay  Operations,  DFAS-CL,  reviewed   the
application and states that the applicant was approved  for  the  additional
10% by the Awards Branch.  Final Secretarial action was  taken  in  1955  to
award the applicant the additional 10% in  retired  pay  with  the  notation
made to the retirement order.  The applicant was  authorized  the  10%  from
retirement date, therefore, there is  nothing  in  his  record  to  correct.
Based on member’s application for the records correction, they will  correct
his account retroactive to 9 August 1991, six years from the  date  that  he
submitted his request for the records correction.  They have  no  record  of
an earlier inquiry from the retiree to warrant payment prior to  that  date.


A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 15 December 1997, for review and response.  As of this date, no  response
has been received by this office.

_________________________________________________________________

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 probable error or injustice.  The records indicate  that  final
Secretarial action was taken in 1955 to award the applicant  the  additional
10% in retired pay for extraordinary heroism with the notation made  to  the
retirement orders.  Therefore, he was entitled to the additional  10%  based
on extraordinary heroism but  because  of  the  statute  of  limitation  the
Defense Finance and Accounting  Service  -  Cleveland  (DFAS-CL)  could  not
reimbure him for the period 1 September  1955  to  8 August  1991.   DFAS-CL
states that it would take 4 years  and  3  months  of  active  duty  pay  to
reimburse him the $15,748.58 that he is  entitled  to.   The  only  way  the
Board knows to correct this  injustice  is  to  continue  the  applicant  on
active duty until 30 November 1955  and  retire  him  on  1  December  1959.
Therefore, we recommend the applicant's records be corrected to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that he was  not  retired  from  the  Air
Force under the provisions  of  AFR  39-20  on  1 September  1955,  but  was
continued on active duty until  30 November  1959,  on  which  date  he  was
released from active duty  and  voluntarily  retired  effective  1  December
1959.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 March 1999 under the provisions of AFI 36-2603:

              Mr. Terry A. Yonkers, Panel Chair
              Mr. Clarence D. Long III, Member
              Ms. Rita J. Maldonado, Member
              Ms. Gloria J. Williams, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 August 1997, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, DFAS-CL, dated 10 October 1997,
               28 November 1997, 23 December 1998, and
               2 February 1999.
   Exhibit D.  Letter, AFBCMR, dated 15 December 1997.




                                   TERRY A. YONKERS
                                   Panel Chair

AFBCMR 97-02439




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 he was not retired from the
Air Force under the provisions of AFR 39-20 on 1 September 1955, but was
continued on active duty until 30 November 1959, on which date he was
released from active duty and voluntarily retired effective 1 December
1959.




                                                                    JOE G.
LINEBERGER

Director
                                                                    Air
Force Review Boards Agency

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