RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03312
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive an additional 10 percent retirement pay for award of the
Airman's Medal (AM) for heroism.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he was presented the Airman's Medal by General Jumper, he was told
that he would automatically receive an additional 10 percent in his
retirement pay. He states that many other senior officials told him the
same thing.
In support of his request, the applicant provided a personal statement, a
copy of his DD Form 214, a copy of the citation for award of the AM, and
several news articles.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant received a permanent medical retirement after serving 28 years of
satisfactory service in the Air Force Reserve (AFR) in the grade of senior
master sergeant (E-8). His Total Active Military Service Date (TAMSD) is 6
May 1996.
_________________________________________________________________
AIR FORCE EVALUATION:
SAF/MRBP recommends denial. MRBP states that they reviewed the applicant's
request for an additional 10 percent retirement pay in December 2001 for
award of the Airman's Medal and his act of heroism; however, the Board
denied his request stating that it did not rise to the level to meet the
criteria of "extraordinary
heroism.” The applicant has not provided any new evidence in support of
his request.
The complete MRBP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 2
December 2008 for review and comment within 30 days. 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 timely filed.
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 despite the intense smoke,
burning and falling debris, and the likelihood of secondary explosions, he
without a second thought entered the attacked area and instantly started
helping people 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.” Although the
Secretary of the Air Force Personnel Council recommends disapproval; 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 personnel who were trapped in the
burning building and set-up a medical response area that was critical in
caring for injured victims. 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
15 April 2002 for his actions of saving lives while entering a burning
building was for “extraordinary heroism” rather than “heroism” and
competent authority determined he was entitled to a 10 percent
increase in retired pay pursuant to U.S.C., Section 8991.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
03312 in Executive Session on 6 January 2009, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Audrey Y. Davis, Member
Mr. Grover L. Dunn, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2008-03312 was considered:
Exhibit A. DD Form 149, dated 4 September 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBP, dated 20 November 2008.
Exhibit D. Letter, SAF/MRBR, dated 2 December 2008.
THOMAS S. MARKIEWICZ
Chair
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