RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02772
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 MAR 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive the additional 10% in retired pay authorized for Airman's Medal
(AM) recipients.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was awarded the AM for heroism for action he took on 5 Jul 68. He was
not informed of the consideration process for the increase in retired pay
until recently.
In support of his request, applicant provided a copy of his DD Form 214, an
NA Form 13059, Transmittal of and/or Entitlement to Awards, and special
orders and citations for his Distinguished Flying Crosses. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 22
Dec 48. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Apr 53.
He voluntarily retired on 30 Apr 69, having served 20 years, 3 months, and
7 days on active duty.
On 22 Jul 68, applicant was awarded the Distinguished Flying Cross (DFC)
for extraordinary achievement during a rescue mission on 8 May 68 in
Southeast Asia. On 5 Feb 69, his request for increase in retired pay for
extraordinary heroism was considered by the Personnel Council and it was
determined that extraordinary heroism, within the meaning of the law, was
not involved in the circumstances described and that he was not entitled to
a 10% increase in retired pay.
On 31 Mar 69, he was awarded the Airman's Medal for heroism involving
voluntary risk of life during a rescue mission on 5 Jul 68. On 10 Dec 04,
The Personnel Council determined that extraordinary heroism, within the
meaning of the law, was not involved in the circumstances described and
that he was not entitled to a 10% increase in retired pay.
Applicant's request that his DD Form 214 be amended to include award of the
AM has been corrected administratively.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial of his request. DPPPR states the Secretary of
the Air Force Personnel Council considered his request for increased
retired pay on 21 Dec 04 and determined he was not entitled to the
additional retired pay. The DPPPR 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 11 Feb
05 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 an error or injustice. Although we find the applicant's
actions, which led to 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 note that the SecAF Personnel Council considered the Airman's Medal for
award of an additional 10 percent in retired pay and found that, while
heroic, his actions did not measure up to the standard required for an
"extraordinary" determination. We believe that the SecAF Personnel
Council, having access to prior cases for comparison, is in the best
position to make this determination and its prerogative to render such
determinations should only be usurped under extraordinary circumstances.
Therefore, in the absence of more clear-cut evidence, we believe the
applicant has failed to sustain his burden of establishing the existence of
either an error or injustice warranting favorable action on his request.
_________________________________________________________________
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 AFBCMR Docket Number BC-2004-
02772 in Executive Session on 31 May 05, under the provisions of AFI 36-
2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Terry L. Scott, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, not dated.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 05.
CATHLYNN B. SPARKS
Panel Chair
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