RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03229
INDEX CODE: 136.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His retired pay reflect award of a 10 percent increase based on
extraordinary heroism in connection with the award of the Silver Star
Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed that the Silver Star Medal he was awarded for combat action
as an Infantry Squadron Leader in World War II made him eligible for
additional retirement pay. He later was informed that he was ineligible
for the monetary benefits because he retired as an officer and the
additional pension did not apply to officers.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army of the United States on 21 June 1943 and
was honorably discharged in the grade of sergeant, on 7 December 1945 under
the provisions of Convenience of Government RR 1-1. He served 1 year, 7
months, and 24 days of total active service.
On 12 June 1945, the applicant, a private first class, was awarded the
Silver Star for gallantry in action in Holland on 3 November 1944. At that
time, the applicant was assigned to the 413th Infantry, Company C, United
States Army.
According to the applicant’s Enlisted Record and Report of Separation, he
received the following decorations and citations: The American Service
Medal, World War II Victory Medal, European African Middle Eastern Service
Medal, Good Conduct Medal, and the Silver Star Medal.
On 19 January 1955, the applicant entered extended active duty in the grade
of first lieutenant.
On 1 February 1973, the applicant retired in the grade of lieutenant
colonel. He served 20 years, 5 months, and 29 days of total active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRRP recommended denial. They indicated that the law which provides
for the 10 percent increase in retired pay for extraordinary heroism
strictly pertains to enlisted members retired under section 8914. The
applicant retired under section 8911 in the grade of lieutenant colonel,
which makes him ineligible for the 10 percent increase in retired pay for
extraordinary heroism. There are no other provisions of law that would
allow for the 10 percent increase in retired pay for extraordinary heroism.
No irregularities or injustices occurred in the applicant’s case.
The evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 November 2003, a copy of the Air Force evaluation was forwarded to the
applicant for review and response 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 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. After reviewing the evidence of
record, we are in agreement with the Air Force and adopt their rationale as
the basis for our decision that the applicant has not been a victim of an
error or injustice. On 12 June 1945, the applicant, an enlisted member of
the Army, was awarded the Silver Star for gallantry in action in Holland on
3 November 1944. The applicant’s actions were undoubtedly heroic; however,
his grade at the time of retirement is part of the criteria for award of
the 10% increase in pay. To receive the 10% increase in pay, Title 10,
USC, Section 8991, requires a member to be an enlisted member at the time
of retirement under the provisions of 10 U.S.C., Section 8914. The
applicant retired under section 8911 in the grade of lieutenant colonel,
which makes him ineligible for the 10% increase in retired pay for
extraordinary heroism. Therefore, in view of the above and in the absence
of evidence to the contrary, we find no basis upon which to recommend
favorable action on this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or an 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 AFBCMR Docket Number BC-2003-
03229 in Executive Session on 11 December 2003, under the provisions of AFI
36-2603:
Ms. Marilyn Thomas, Vice Chair
Ms. Martha Maust, Member
Mr. Albert Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 September 2003, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRRP, dated 28 October 2003,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 November 2003.
MARILYN THOMAS
Vice Chair
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