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AF | BCMR | CY2005 | BC-2005-00613
Original file (BC-2005-00613.doc) Auto-classification: Approved

                       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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