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AF | BCMR | CY2003 | BC-1999-01126
Original file (BC-1999-01126.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1999-01126
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the  additional  10  percent  retirement  pay  authorized  for
Airman's Medal (AM) recipients.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was previously advised that his request for the additional 10 percent  in
retirement pay was denied because his request was not within the meaning  of
the  law  to  warrant  the  increase.   10  U.S.C.  8991  states  that   the
Secretary's determination as to extraordinary heroism is conclusive for  all
purposes, but does not elaborate as to how that determination is made.   His
citation  describes  his  act  of  heroism  as  "voluntary  risk  of  life."
Further, by his actions, several vital aircraft were saved from  destruction
allowing his unit's mission to continue.

In support of his request, applicant provided a copy of his  AM;  AFPC/DPPPR
letter, dated 18 Jun 99; AFMPC/DPMARB  letter,  dated  29 Nov  71;  and,  an
extract of 10 U.S.C. 8991.  His complete submission,  with  attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant retired from the  Air  Force  on  30  Jun  72,  in  the  grade  of
technical sergeant, after serving 20 years and 20 days on active  duty.   He
was awarded the AM for heroism involving risk of life on 18 Mar 66.   On  29
Nov 71, the Secretary of the Air Force, Personnel  Council,  considered  and
denied his request for additional 10 percent retired pay authorized  for  AM
recipients.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial of the  applicant's  request.   DPPRRP  states
that the 10 percent increase in retired pay  for  extraordinary  heroism  is
not automatic to all retiring members who have  been  awarded  a  decoration
for  heroism.   The  law  gives  the  Secretary   the   responsibility   for
determining what constitutes "extraordinary heroism."  On  29  Nov  71,  the
Secretary of the Air  Force,  Personnel  Council  considered  his  case  and
determined that the act did  not  meet  the  criteria  established  for  the
additional  10  percent  retired  pay.   By  law,  that   determination   is
conclusive for all purposes.  The DPPRRP evaluation,  with  attachments,  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20  Dec
02 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case.   Although  we  find
his actions, which led to his award of the Airman's  Medal  commendable,  we
see no evidence of either an error or an injustice in this  case.   In  this
regard, we took note that the Secretary of the Air Force, Personnel  Council
(SAFPC) previously considered him for award of  the  additional  10  percent
retired pay prior to his retirement from the Air Force.  It is  our  opinion
that SAFPC, who is authorized to make decisions in these matters  on  behalf
of the Secretary, is in  the  best  position  to  make  this  determination.
Evidence has not been provided which would lead us  to  believe  that  their
decision was erroneous or unjust.  Therefore, we agree with the opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   In  the  absence  of  persuasive
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  BC-1999-01126
in Executive Session on 9 Apr 03, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Martha Maust, Member
      Mr. Billy C. Baxter, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRRP, dated 10 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Dec 02.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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