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AF | BCMR | CY2008 | BC-2007-00939
Original file (BC-2007-00939.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00939
                                       INDEX CODE:  107.00
            XXXXXXXXXXXXXXXX            COUNSEL: NO
                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband be considered for award of ten percent  (10%)  increase  in
retired pay for his deeds of extraordinary heroism.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband was not considered for the additional  10%  retirement  for  his
actions on 9 August 1965 for which he was awarded the Airman’s  Medal  (AM).


In support of her appeal, the applicant provides  copies  of  her  husband’s
death certificate, award documents, and retirement documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 26 May 1955, the applicant’s husband enlisted in the  Regular  Air  Force
at the age of 18 in the grade of airman basic for a period  of  four  years.
He was progressively promoted to  the  grade  of  technical  sergeant  (E-6)
effective and with a date of  rank  of  1  October  1969.   The  applicant’s
record indicates he was awarded the Airman’s Medal  on  14  March  1966  for
heroism involving risk of life on 9 August 1965.

On 31 January 1978, the applicant was released from active duty and  retired
effective 1 February 1978 in the grade of technical sergeant.  He served  22
years, 8 months, and 5 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

SAF/MRBP  recommends  disapproval  of  the  applicant’s  request   for   10%
increased retirement pay.  MRBP states that after a complete review  of  the
applicant’s official military record and provided documentation, they  found
no documentation to indicate the decedent had pursued consideration for  the
10% retirement pay increase following his retirement or before passing  away
in January 2006.  Although Air Force Instruction 36-3203  directs  automatic
consideration of the 10% award (instituted in 1979), it does not direct  the
automatic awarding of the additional 10% retirement pay.

MRBP states while the applicant’s husband clearly earned the AM through  his
heroic actions, there is insufficient additional documentation  or  evidence
to support the contention that his action rose to the “extraordinary”  level
to warrant 10% increased retired pay.

The MRBP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


The applicant responds that there were many letters  of  recommendation  for
her husband regarding this incident; however, she  is  forwarding  the  only
one she has in her possession that was from  someone  who  was  actually  on
site at the time of the accident.  The letter details her husband’s  actions
on the 9-10 August 1965 at  the  Titan  II  Missile  Complex.   Her  husband
didn’t pursue consideration for the 10% increase in retirement pay prior  to
his retirement because he had  always  felt  that  if  he  was  supposed  to
receive a reward for anything he  did  in  the  Air  Force,  it  would  have
happened.

The applicant doesn’t know if there are established  criteria  to  determine
“extraordinary” acts of heroism  as  opposed  to  ordinary  heroic  actions;
however, she knows her husband was an  ordinary  man  who,  on  9-10  August
1965, demonstrated  extraordinary  acts  of  courage  and  leadership  under
extremely hazardous, life-threatening, conditions.  He knew of the real  and
potential danger that existed when  he  volunteered  to  enter  the  missile
complex, but he went anyway.

The applicant’s rebuttal, with attachments, is at 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 an error or an injustice.  We took notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  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.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting 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 this application in  Executive
Session on 28 November 2007, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Ms. Karen A. Holloman, Member
            Mr. Wallace F. Beard, Jr., Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2006-01246
was considered:

      Exhibit A.  DD Form 149, dated 31 Mar 07, w/atchs.
      Exhibit B.  Letter, SAF/MRBP, dated 4 May 07.
      Exhibit C.  Letter, SAF/MRBR, dated 29 May 07.
      Exhibit D.  Applicant’s Rebuttal, dated 8 Aug 07, w/atchs.




                             CHARLENE M. BRADLEY
                                             Panel Chair

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