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AF | BCMR | CY2005 | BC-2005-00010
Original file (BC-2005-00010.DOC) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00010
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect  an  increase  of  10  percent  in
retired pay based on  his  receipt  of  the  Airman’s  Medal  and  two
Distinguished Flying Crosses (DFCs) awarded for heroism.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never informed that he may have been entitled to an increase of
10 percent in retired pay based on the  decorations  he  received  for
heroism.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to the decorations he was awarded for heroism.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records indicate  he  enlisted  in  the
Regular Air Force on 20 Jul 51 for a period of four years.

By Special Order GB-72, dated 24 Feb 67, he was awarded  the  Airman’s
Medal for heroism involving risk of life on 13 May 66.

By Special Order G-199, dated 15 Nov 65, he was awarded  the  DFC  for
heroism while participating in aerial flight on 2 Mar 65.

By Special Order G-5250, dated 22 Dec 69, the  applicant  was  awarded
the DFC, 1st Oak Leaf Cluster (1OLC), for heroism while  participating
in aerial flight on 12 Nov 69.

Applicant was relieved from active duty on  31  Jul  77  and  retired,
effective 1 Aug 77, in the grade of master sergeant.  He was  credited
with 26 years and 11 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating that after a complete  review
of the applicant’s records and the submitted documentation, they  were
unable to verify the  applicant  was  awarded  or  considered  for  an
additional 10 percent in retired pay.   Furthermore,  they  noted  the
Secretary of the Air Force Personnel Council (SAFPC) disapproved  such
a request on 21 Apr 05.

A complete copy of the AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  29
Apr 05 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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.  Although we find the applicant's
actions which led to award of the Airman's Medal and two DFCs for  his
acts of heroism to be truly commendable, we find no evidence of either
an error or an injustice in this case.  In this regard, we  note  that
the SAFPC considered the aforementioned decorations 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 the SAFPC, having access to
prior cases for comparison, is in  the  best  position  to  make  this
determination.   In  our  view,  its  prerogative   to   render   such
determinations   should   be   usurped   only   under    extraordinary
circumstances.  In view of  the  foregoing,  and  in  the  absence  of
sufficient evidence to the contrary, we find no  compelling  basis  to
recommending granted 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 AFBCMR Docket Number BC-
2005-00010 in Executive Session on 28 Jun 05, under the provisions  of
AFI 36-2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Mr. Albert C. Ellett, Member
      Mr. Michael J. Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 25 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Apr 05.




                                   CATHLYNN B. SPARKS
                                   Panel Chair

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