RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01173
INDEX CODE 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded a 10% increase in his retired pay (retroactive to his
date of retirement) based on extraordinary heroism in connection with
his receiving the Airman’s Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
It was not until attending a Retiree Appreciation Day event held in
August 2000 at the Air Force Academy that he learned of his
eligibility for the additional 10% entitlement.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
By Special Order G-21 dated 3 March 1961, applicant was awarded the
Airman’s Medal for heroic action performed on 2 September 1960. He
retired from the Air Force in the grade of technical sergeant on 1
March 1974 after 20 years and 26 days of active service.
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 Retirement Programs and Policy Section, AFPC/DPPRRP, reviewed the
applicant’s request and recommended denial. Section 8991, Title 10,
United States Code, provides for the 10% increase in retired pay for
extraordinary heroism. The increase is not automatic to all retiring
members who have been awarded a decoration for heroism. Rather, the
law gives the Secretary of the Air Force the responsibility for
determining what constitues “extraordinary heroism.” Accordingly, the
Secretary has determined that an enlisted member who received the
Medal of Honor, the Air Force Cross, or equivalent Army or Navy
decoration, will be automatically credited with additional retired
pay. When enlisted members are awarded the Distinguished Flying Cross
(noncombat for heroism only), the Silver Star or the Airman’s Medal, a
Secretarial determination that the heroism was extraordinary is
required.
The applicant was cited for heroism involving voluntary risk of life,
and his citation and orders were forwarded for Secretarial
determination. On 18 September 1973, the applicant’s personnel
function was notified that the Secretary of the Air Force had
determined that the act did not meet the criteria established for the
additional 10% retired pay. In accordance with Section 8991, Title
10, United States Code, the decision of the Secretary of the Air Force
is conclusive for all purposes. No irregularities or injustices
occurred in the applicant’s case. The award was considered for the
additional retired pay for extraordinary herosim; it was not approved
and, by law, that determination is final.
A complete copy of the 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 June 2001, for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that applicant’s retirement pay should be increased 10% for
extraordinary heroism. Applicant’s contentions are duly noted;
however, we do not find these assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
Force. The applicant’s actions were undoubtedly heroic; however,
heroism is the basic criteria for the Airman’s Medal. To receive the
10% increase in pay, Title 10, USC, Section 8991, requires the heroism
to be deemed “extraordinary.” The law gives the service secretaries
the responsibility for determining what constitutes “extraordinary”
heroism. Review by the Secretary of the Air Force determined that the
increase in pay was not warranted in this case. The applicant has not
provided sufficient evidence to compel us to overturn that Secretarial
finding. In view of the above, we agree with the recommendations of
the Air Force and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden that he
has suffered either an error or an injustice. Therefore, we cannot
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 25 July 2001, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Mr. Edward H. Parker, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Apr 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRRP, dated 31 May 01.
Exhibit D. AFR 900-48, dated 15 Mar 82.
Exhibit E. Letter, SAF/MIBR, dated.
Panel Chair
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