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AF | BCMR | CY2006 | BC-2005-01973
Original file (BC-2005-01973.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01973
                                             INDEX CODE:  107.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  16 February 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

He retroactively receive a 10% increase in retired pay  effective  1 January
1991, based on award of the Airman’s Medal (AmnM) for heroism.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should receive a 10% increase in his retired pay  since  he  was  awarded
the AmnM for heroism on 27 April 1981.  He was not  aware  of  this  at  the
time of separation

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

________________________________________________________________

STATEMENT OF FACTS:

On 6 February 1981, the applicant  was  awarded  the  AmnM  for  heroism  on
27 April 1980.  On that date, he entered a burning apartment and rescued  an
elderly man.  He voluntarily retired for  years  of  service  on  1  January
1990, in the grade of master sergeant (E-7).

On 27 February 1981, the Secretary of  the  Air  Force  determined  that  he
would not be credited with an additional 10% retired pay  for  extraordinary
heroism (Exhibit B).

________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRRP recommends the application be denied and states, in  part,  that
the Secretary considered the applicant for an additional 10% in retired  pay
for extraordinary heroism and determined that,  while  courageous,  the  act
does not meet the criteria by law for the additional retired pay.

The AFPC/DPPRRP evaluation, with attachment, is at Exhibit C.

The Director of the Secretary of the Air Force Personnel Council  recommends
the application be denied and states, in part, that the Secretary found  the
applicant’s heroic actions did not rise to the  “extraordinary”  level.   He
has also reviewed the available documents and concurs.   Further,  had  this
action occurred more recently, with a subsequent nomination  for  the  AmnM,
the same determination would have been made.

The SAFPC evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

He was unaware that a decision had been made regarding the 10%  retired  pay
in 1981, and feels that he should have  been  afforded  the  opportunity  to
respond to the decision.  As stated in the  AmnM  citation,  he  voluntarily
risked his own life to save another.  How can anyone determine the  risk  of
his life is not as heroic as others who  have  been  awarded  the  AmnM  and
received to 10% increase in retired pay.  He meets the  requirements  stated
in law and should be awarded the increase.

Applicant’s complete response is at Exhibit G.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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  Docket  Number  BC-2005-01973
in Executive Session on 22 March 2006, under the provisions of AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Rita J. Maldonado, Member
                       Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRRP, dated 26 Jan 06, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Feb 06.
    Exhibit E.  Letter, SAFPC, dated 24 Feb 06.
    Exhibit F.  Letter, AFBCMR, dated 27 Feb 06.
    Exhibit G.  Letter, Applicant, undated.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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