Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-03229
Original file (BC-2003-03229.doc) Auto-classification: Denied

                            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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01129

    Original file (BC-2003-01129.doc) Auto-classification: Denied

    Individuals awarded the Silver Star, the Distinguished Flying Cross (DFC) in a noncombat action, and the Airman’s Medal/Soldier’s Medal for heroism will receive Secretarial review for award of the increase in retired pay. The award was considered for the additional retired pay for extraordinary heroism, by the Secretary of the Air Force Personnel Council; it was not approved and, by law, that determination is final. The award should be considered on the basis of the regulation and action...

  • AF | BCMR | CY2003 | BC-2002-03914

    Original file (BC-2002-03914.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He has just recently discovered an attachment to his Airman’s Medal, special order GB----, dated 2 Sep 94, which was completed two days after said order, which states, “The Secretary of the Air Force has considered this individual for an additional 10 percent retirement pay in connection with the act of heroism that warranted this decoration. Review by the Secretary of the Air Force determined that...

  • AF | BCMR | CY2014 | BC 2014 01203

    Original file (BC 2014 01203.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or injustice. The Secretary of the Air Force Personnel Council approved the award of the AmnM to the applicant for his action, at which time they also considered and disapproved award of the ten...

  • AF | BCMR | CY2002 | BC-2001-02981

    Original file (BC-2001-02981.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02981 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 receiving the Airman’s Medal. _________________________________________________________________ APPLICANT CONTENDS...

  • AF | BCMR | CY2012 | BC-2012-00690

    Original file (BC-2012-00690.pdf) Auto-classification: Denied

    On the member’s citation it does not state “extraordinary” heroism, it just states “heroism.” A complete copy of the NGB/A1PS advisory is at Exhibit C. SAF/MRBP recommends denial indicating that there is no evidence of an error or injustice. A determination that extraordinary heroism was or was not involved is made by the Secretary of the Air Force at the time the award is processed.” Since the applicant was a member of the ANG at the time of his act, his AmnM was not evaluated for...

  • AF | BCMR | CY2003 | BC-2003-00506

    Original file (BC-2003-00506.doc) Auto-classification: Denied

    _________________________________________________________________ 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. _________________________________________________________________ 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...

  • AF | BCMR | CY1999 | BC-1995-02742A

    Original file (BC-1995-02742A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 95-02742 COUNSEL: VFW HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Counsel requests consideration for a ten percent increase in the applicant’s retired pay, retroactive to his retirement date, due to the award of the Silver Star through AFBCMR action in July 1996. ...

  • AF | BCMR | CY1999 | 9502742A

    Original file (9502742A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 95-02742 COUNSEL: VFW HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Counsel requests consideration for a ten percent increase in the applicant’s retired pay, retroactive to his retirement date, due to the award of the Silver Star through AFBCMR action in July 1996. ...

  • AF | BCMR | CY2005 | BC-2005-00613

    Original file (BC-2005-00613.doc) Auto-classification: Approved

    However, one team member received an additional 10% retired pay for actions similar to his in conjunction with receipt of the SS. In support of his appeal, the applicant has provided copies of the special order awarding the other team member an additional 10% retired pay, several statements of support for the applicant, and the original submission for the award of the Air Force Cross. DPPPR states Secretary of the Air Force Personnel Council (SAF/PC) would have awarded the additional...

  • AF | BCMR | CY2001 | 0101173

    Original file (0101173.doc) Auto-classification: Denied

    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. After a thorough review of the evidence of record and applicant’s...