RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01632
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 NOV 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive an additional 10% retirement pay for his previously awarded
Airman’s Medal (AM) for heroism on 20 July 1970.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served his country honorably in Korea and Vietnam. He retired after 20
years of service and feels his dedication should be recognized.
In support of his request, the applicant provided documentation associated
with a Congressional Inquiry.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant retired after serving 20 years and 26 days on active duty.
Applicant was awarded the AM for heroism on 20 July 1970, while assigned to
Vietnam. Applicant was considered for award of the additional 10%
retirement pay in 1971. However, the Secretary of the Air Force Personnel
Council (SAF/PC) denied the request.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states applicant was previously
awarded the AM for an act of heroism; however, during the time the
applicant was approved for the decoration the additional 10% for retirement
was not considered. On 28 June 1971, SAF/PC disapproved the applicant’s
and several other requests for the additional 10% retirement pay increase.
No additional documentation was submitted with the applicant’s
reconsideration request in 2007.
The DPPPR complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 June 2007, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). 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. We took notice of the applicant’s
complete submission in judging the merits of the case. Although we find
his actions which led to his award of the AM commendable, we see no
evidence of either an error or an injustice in this case. In this regard,
we took note that SAF/PC previously considered him for award of the
additional 10 percent retired pay subsequent to his retirement from the Air
Force. It is our opinion that SAF/PC, who is authorized to make decisions
in these matters on behalf of the Secretary, is in the best position to
make this determination. Evidence has not been provided which would lead
us to believe that their decision was erroneous or unjust. Therefore, we
agree with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. In the absence of persuasive evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-2007-
01632 in Executive Session on 28 Aug 07, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Elwood C. Lewis III, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 May 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 12 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 15 Jun 07.
JAMES W. RUSSELL III
Panel Chair
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