RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00506
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He received the AM on 6 Dec 99 and was considered by the  Secretary  of  the
Air Force Personnel Council for the additional 10  percent  retirement  pay.
His request was denied due to the criteria.  He was involuntarily  separated
from the Air Force and did not pursue the issue.  He is now back  on  active
duty dedicated to making the Air Force a career.  He simply  would  like  to
have his case reviewed again since he looks to the Air Force  not  only  for
his future, but his family's future as well.

In support of his  request,  applicant  provided,  documentation  associated
with award of the AM, documentation associated with the events which led  to
award of the AM; a copy of his AF Form 766, Extended Active  Duty  Order;  a
copy of his DD Form 214, Certificate of Release  or  Discharge  from  Active
Duty; and a copy of his DD  Form  256AF,  Honorable  Discharge  certificate.
His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  15
Dec 89 and was progressively promoted to the grade of senior airman,  having
assumed that grade effective and with a date of rank of 15  Apr  92.   On  9
Dec 99, applicant was involuntarily released from  active  duty  because  of
high-year-of-tenure restrictions.  He served 9  years,  11  months,  and  25
days  on  active  duty.   Applicant  was  subsequently  appointed  a   first
lieutenant, Reserve of the Air Force  on  10  May  02  and  was  voluntarily
ordered to extended active duty on 11 May 02.

On 6 Dec 99, applicant was awarded the AM for heroism involving  involuntary
risk of life.  His  citation  and  orders  were  forwarded  for  Secretarial
determination.  The Secretary of the Air Force Personnel Council  determined
that the act did not meet the criteria established  for  the  additional  10
percent retired pay.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial.  DPPRRP states that  Title  10  USC  provides
for the 10 percent increase in retired pay  for  extraordinary  heroism  for
enlisted members only.  The  increase  is  not  automatic  to  all  retiring
enlisted members who have been awarded a decoration  for  heroism.   Rather,
the law gives  the  Secretary  of  the  Air  Force  the  responsibility  for
determining  what  constitutes  "extraordinary  heroism."    When   enlisted
members are awarded the AM a Secretarial determination that the heroism  was
extraordinary is required.  He was cited  for  heroism  involving  voluntary
risk of life and his citation was forwarded for  Secretarial  determination.
On 6 Dec 99, the applicant was notified that the Secretary of the Air  Force
had determined that the act did not meet the criteria  established  for  the
additional 10 percent  retired  pay.   Applicant  is  currently  serving  on
active duty as a first lieutenant.   If the Secretary  had  determined  that
he was entitled to the increase in retired pay, he would have to  retire  as
an enlisted member in order to receive  the  additional  retired  pay.   The
DPPRRP evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21  Mar
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

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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 an 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 Personnel Council  previously  considered  him
for award of the additional 10 percent retired pay.  It is our opinion  that
the Personnel Council, who is authorized to make decisions in these  matters
on behalf of the Secretary of the Air Force, 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2003-
00506 in Executive Session on 3 Jun 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. George Franklin, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRRP, dated 18 Mar 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Mar 03.




                                   WAYNE R. GRACIE
                                   Panel Chair