RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00417
            INDEX CODE:
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_____________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the 10 percent increase in retirement pay for his  actions  in
receiving the Airman's Medal (AM).

_____________________________________________________________

APPLICANT CONTENDS THAT:

He was not aware of the additional 10 percent  increase  in  retirement  pay
for the AM.  He was informed that he needed orders to receive the pay.

In support of the application, the  applicant  submits  documents  extracted
from his military personnel records.

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

_____________________________________________________________

STATEMENT OF FACTS:

On 23 Oct 66,  the  applicant  contracted  his  initial  enlistment  in  the
Regular Air Force.  He was progressively promoted to  the  grade  of  master
sergeant having assumed that grade effective and with a date of  rank  of  1
Jun 82.

On 23 Feb 82, he received the AM for heroism on 16 Apr 79  at  Sembach  AFB,
Germany.

On 1 Oct 86, he was honorably retired in the grade of MSgt.   He  served  20
years and 8 days on active duty.

_____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR  states  the  AM  is  listed  on  the
applicant's DD Form 214.  The  order  for  the  AM  was  not  found  in  his
military personnel records.   The  Secretary  of  the  Air  Force  Personnel
Council (SAFPC) was asked to review his application.   However,  DPSIDR  did
not receive a response.

AFPC/DPSIDR's complete evaluation is at Exhibit C.

_____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Mar 08, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.   As  of  this  date,  this
office has received no response (Exhibit D).

_____________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP recommends denial.  MRBP states Air  Force  Instruction  (AFI)  36-
3203 states deeds of "extraordinary heroism" may entitle an enlisted  member
to received 10 percent additional retired pay.  Enlisted  members  receiving
the Silver Star, Distinguished  Flying  Cross,  or  Airman's  Medal  may  be
considered for this  increase  in  retired  pay.   SAF/MRBP  was  unable  to
ascertain the applicant's level of risk and heroism based on his  case  file
and documentation he submitted.  Without additional documentation, such  as,
eye witness  statements,  news  articles,  or  letters  from  his  chain  of
command, providing a full account  of  the  event,  SAF/MRBP  is  unable  to
determine whether he met the "extraordinary heroism"  criteria  required  by
law for the 10 percent increase in retired pay.

SAF/MRBP's complete evaluation is at Exhibit E.

_____________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 26 Jun 08, a copy of the additional Air Force  evaluation  was  forwarded
to the applicant for review and response within 30 days.  As of  this  date,
no response has been received by this office.

_____________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or an injustice.  After our review of the evidence  of
record, we believe favorable consideration of  the  applicant’s  request  is
warranted.  The applicant received the AM for heroism when according to  the
citation, without regard for his own safety and life he rushed to the  scene
of an aircraft fire  and  contained  the  fire  reducing  the  risk  of  the
explosion allowing others to get to safety.  The determining  factor  as  to
whether or not he should receive the extra 10 percent in retirement  pay  is
whether or not his actions  meet  the  criteria  of  being  "extraordinary."
Noting that the Air Force offices of primary responsibility  are  unable  to
make a determination based on the limited evidence provided and  considering
the fact that "extraordinary" determinations  are  somewhat  subjective,  we
believe reasonable doubt exists in this case as to whether his actions  were
extraordinary.  In this respect, what is clear, according  to  the  citation
provided, is that the applicant placed himself into a position  putting  his
life at risk to ensure the safety of fellow airmen and to  reduce  the  risk
of catastrophic damage to Air  Force  resources.   Accordingly,  we  believe
that any doubt in this matter should be resolved in his favor and  recommend
his 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 the award of the Airman’s  Medal  on
16 April 1979 for his actions of containing a major aircraft fire  was  for
“extraordinary heroism”  rather  than  “heroism”  and  competent  authority
determined he was entitled to a 10 percent increase in retired pay pursuant
to 10 U.S.C., Section 8991.

_____________________________________________________________

The following members of the Board considered this application in  Executive
Session on 24 Jul 08, under the provisions of AFI 36-2603:

            Ms. B J White-Olson, Panel Chair
           Mr. Garry G. Sauner, Member
            Ms. Janet I. Hassan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jan 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 6 Mar 08.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Mar 08.
    Exhibit E.  Letter, SAF/MRBP, dated 4 Jun 08.
    Exhibit F.  Letter, SAF/MRBC, dated 26 Jun 08.



                                 B J WHITE-OLSON
                                 Panel Chair











AFBCMR BC-2007-02847



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          , be corrected to show that the award of
the Airman’s Medal on 16 April 1979 for his actions of containing a
major aircraft fire was for “extraordinary heroism” rather than
“heroism” and competent authority determined he was entitled to the
10 percent increase in retired pay pursuant to 10 U.S.C., Section
8991.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency