RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00613
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to reflect an additional 10% of retired pay for
extraordinary heroism in conjunction with the award of the Silver Star
(SS) for gallantry.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was the team leader of a Combat Search and Rescue team wherein all
team members actions on 4 March 2002, were commensurate with each
other. 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.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently a technical sergeant serving on an
Active/Guard Reserve (AGR) tour with the Kentucky Air National Guard
(KYANG). On 4 March 2002, while deployed in support of Operation
Anaconda, he participated in a mission wherein he performed to the
extent that he was submitted, in June 2002, for award of the Air Force
Cross (AFC). The award was subsequently downgraded to award of the
Silver Star for gallantry.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DDPPPR recommends denial. DPPPR states Secretary of the Air
Force Personnel Council (SAF/PC) would have awarded the additional 10%
retirement during the time they approved the SS. However, SAF/PC did
not approve the applicant for the additional 10%.
DPPPR’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he is unclear on the findings of the Air Force
advisory. He states both he and the other team member (who received
the SS and an 10% of retirement pay) were on the same team, the same
mission, were exposed and responded to the same close direct fire from
the enemy. He believes SAFPC must have overlooked addressing the
additional 10% retirement for him though it is unclear as to whether
or not SAFPC actually addressed it.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. The applicant and a colleague
participated in the same mission, faced the same enemy fire, and
apeared to have displayed equal measure of courage and gallantry to
the point they were both awarded the Silver Star. However, the
applicant’s colleague received an additional 10% retired pay for
extraordinary heroism. There is no evidence in the file indicating
why, under similar circumstances, one airman would receive an
additional percentage of retired pay and one would not. Having
reviewed both members’ accomplishments, which are extremely similar,
and having noted the lack of unanimity in the Air Force Decorations
Board membership, we believe the applicant should be given the benefit
of the doubt by approval of his request. In arriving at our decision
we note the unequivocal support of the applicant’s commander and the
individual who has already been awarded entitlement to the 10% in
retired pay who were closest to the scene of the actions and were
obviously in a most advantageous position to observe the true manner
of his heroic performance. In order to preclude the possibility of an
injustice to the applicant, we recommend that the records be corrected
as indicated below.
______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 2 January 2003, he
is entitled to an additional 10 percent retired pay for extraordinary
heroism in accordance with Title 10, United States Code, Sections 8914
and 8991, and AFI 36-2803, provided total entitlement does not exceed
75 percent.
The following members of the Board considered this application in
Executive Session on 4 May 2005, under the provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Mr. Albert C. Ellett, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Nov 04, w/atchs.
Exhibit B. Letter, AFPC/DPPR, dated 10 Mar 05.
Exhibit C. Letter, SAF/MRBR, dated 18 Mar 05.
Exhibit D. Letter, Applicant, undated.
JOHN B. HENNESSEY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2005-00613
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 2 January
2003, he is entitled to an additional 10 percent retired pay for
extraordinary heroism in accordance with Title 10, United States Code,
Sections 8914 and 8991, and AFI 36-2803, provided total entitlement
does not exceed 75 percent.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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