RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02393
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded a 10% increase in his retired pay based on his receipt of the
Airman’s Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Last year he discovered through a military magazine that his Airman’s Medal
might allow him an additional percentage on his retired pay. He believes
that this extra percentage for receipt of the Airman’s Medal for heroism
might have been available at the time of his retirement but the medal was
not on his DD Form 214. He was advised that he should send proof of his
receipt of the Airman’s Medal to the Defense Finance and Accounting Service
in Cleveland (DFAS). DFAS advised him that he needed to apply to the Board
for issuance of orders authorizing him to receive adjustment of his retired
pay and directing DFAS to adjust his account accordingly.
In support of his request, applicant submits a personal statement, copies
of his DD Form 214, a copy of the citation for the Airman’s Medal and
documents associated with his retired pay.
Applicant’s complete submission, with attachments, is attached at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army of the United States on 27 December 1948
and entered active duty on same date. The applicant was honorably
discharged in the grade of staff sergeant on 16 August 1952. The applicant
enlisted in the United States Air Force on 20 July 1953 and continued to
enlist and serve until 30 June 1977, when he was retired in the grade of
senior master sergeant. He was credited with 27 years, 6 months and 29
days of total active duty service.
By Special Order GB-315 dated 6 November 1964, applicant was awarded the
Airman’s Medal for heroic action performed on 1 November 1963.
On 23 August 2002, the Personnel Council, Air Force Decorations Board,
reviewed and denied applicant’s request for 10% increase in retired pay.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRRP recommends the application be denied. DPPRRP states that the
applicant was cited for heroism involving voluntary risk of life. His
citation, orders and additional documentation were forwarded for a
Secretarial determination as to whether the heroism was extraordinary. On
23 August 2002, the SAF/PC 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.
The AFPC/DPPRRP evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he does not know what the term “extraordinary heroism”
signifies. As he thinks back to the time of the incident for which he
received the Airman’s Medal, he reacted as he did because he knew that if
the burning fuel tank was allowed to continue to burn, the resulting
explosion would destroy the civil engineer’s building where he worked along
with the thirty-five other people. His command was grateful enough to
recommend him for the Airman’s Medal; however, neither SAF/PC nor
AFPC/DPPRRP appear to be impressed with his heroism.
Applicant’s letter, with attachments, 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. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that his retired
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 evidence that would lead us to believe
overturning the Secretarial finding is warranted. 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 19 March 2003, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton Jr, Panel Chair
Ms. Patricia D. Vestal, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRRP, dated 18 Oct 02.
Exhibit D. Letter, SAF/MRBR, dated 25 Oct 02.
Exhibit E. Letter, Applicant, dated 5 Nov 02 w/atchs.
ROSCOE HINTON JR
Panel Chair
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