RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02843
INDEX CODE: 107.00, 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive an additional 10% in his retirement pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not realize that he was eligible to receive the additional 10%
retirement pay when he retired.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 December 1963, the applicant retired from the Regular Air Force after
serving 20 years, 3 months and 2 days.
On 30 June 1944, the applicant was awarded the Soldier’s Medal for an act
of heroism on 12 June 1944.
He applied for an additional 10% retired pay in 1963; however, APFC
evaluated and denied his request stating that he did not qualify for the
increase in pay.
Section 8991, Title 10 United States Code, provides for the 10% increase in
retired pay for extraordinary heroism. The increase is not automatic to
all retiring members who have been awarded a decoration for heroism.
Rather, the law gives the Secretary of the Air Force the responsibility for
determining what constitutes "extraordinary heroism." Accordingly, the
Secretary has determined that an enlisted member who received the Medal of
Honor, the Air Force Cross, or equivalent Army or Navy decoration, will be
automatically credited with additional retired pay. When enlisted members
are awarded the Distinguished Flying Cross (noncombat for heroism only),
the Silver Star or the Airman's Medal, a Secretarial determination that the
heroism was extraordinary is required.
_________________________________________________________________
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. Although we find
his actions, which led to his award of the Soldier’s Medal commendable, we
see no evidence of either an error or an injustice in this case. In this
regard, we took note that the Secretary of the Air Force Personnel Council
previously considered his request and determined that his action did not
rise to the level of "extraordinary" heroism as required for award of the
additional 10% in retired pay. Evidence has not been provided which would
lead us to believe that their decision was erroneous or unjust. 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 AFBCMR Docket Number BC-2008-
02843 in Executive Session on 17 December 2008, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Jeffery R. Shelton, Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2008-02843 was considered:
Exhibit A. DD Form 149, dated 22 June 2008, w/atch.
Exhibit B. Applicant's Master Personnel Records.
JAMES W. RUSSELL III
Panel Chair
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