AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00690 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
 
IN THE MATTER OF: 
 
      
 
     
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  records  be  corrected  to  reflect  he  received  a  10  percent 
increase  in  his  retirement  pay  due  to  receiving  the  Airman’s 
Medal (AmnM).  
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His act constituted extraordinary heroism because it involved a 
“voluntary risk of life.”  He received the AmnM for bringing a 
wheel-well fire under control in a transient C-130 aircraft, but 
he  is  missing  the  special  order  authorizing  the  additional 
10 percent retirement pay.   
 
In  support  of  his  appeal,  the  applicant  provides  an  expanded 
statement  (position  paper),  copies  of  his  AmnM  certificate, 
citation,  and  special  order,  and  information  on  his  personal 
awards and decorations.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant served in the Air National Guard in the grade of 
staff sergeant (E-5) during the matter under review. 
 
On  30  Apr  89,  the  applicant  received  the  AmnM  for  heroism  for 
his actions on 17 Mar 88 related to bringing a wheel-well fire 
under control on a transient C-130H aircraft. 
 
Section  8991,  Title  10,  United  States  Code  (U.S.C.),  provides 
for  the  10 percent  increase  in  retired  pay  for  extraordinary 
heroism.    The  law  gives  the  Secretary  of  the  Air  Force  the 
responsibility  for  determining  what  constitutes  “extraordinary 
heroism”  in  individual  cases.    Accordingly,  the  Secretary  has 
determined  that  an  enlisted  member  who  received  the  Medal  of 
Honor,  the  Air  Force  Cross  or  an  equivalent  Army  or  Navy 

decoration,  will  automatically  be  credited  with  additional 
retired  pay.    Individuals  awarded  the  Silver  Star,  the 
Distinguished Flying Cross (DFC) in a noncombat action, and the 
Airman’s  Medal  for  heroism  will  receive  Secretarial  review  for 
award of the increase in retired pay. 
 
The remaining relevant facts pertaining to this application are 
described  in  the  letters  prepared  by  the  Air  Force  offices  of 
responsibility which are included at Exhibits C, D, and F.    
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
NGB/A1PS does not make a recommendation, but cites AFI 36-2803, 
The  Air  Force  Awards  and  Decorations  Program,  which  states  The 
Secretary of the Air Force Personnel Council (SAFPC) determines 
entitlement  to  the  ten  percent  increase  in  retirement  upon 
approval  when  the  AmnM  is  awarded  to  enlisted  members  for 
extraordinary  heroism.    On  the  member’s  citation  it  does  not 
state “extraordinary” heroism, it just states “heroism.”  
 
A complete copy of the NGB/A1PS advisory is at Exhibit C. 
 
SAF/MRBP recommends denial indicating that there is no evidence 
of an error or injustice.  At the time the applicant was awarded 
the  AmnM,  the  U.S.C.  and  Air  Force  policy  did  not  include  the 
provision of extraordinary heroism and the additional 10 percent 
in  retirement  pay  for  Reserve  Component  personnel.    Air  Force 
Regulation  900-48,  dated  25  Mar  82,  Section  3-23a  states  “Any 
Regular enlisted member of the Air Force retired under 10 U.S.C. 
8914 credited with extraordinary heroism in the line of duty, is 
entitled  to  10  percent  increase  in  retired  pay,  provided  the 
total  retired  pay  does  not  exceed  75  percent.    A  determination 
that  extraordinary  heroism  was  or  was  not  involved  is  made  by 
the  Secretary  of  the  Air  Force  at  the  time  the  award  is 
processed.”  Since the applicant was a member of the ANG at the 
time  of  his  act,  his  AmnM  was  not  evaluated  for  extraordinary 
heroism, or for the additional 10 percent.  The only information 
provided  by  the  applicant  regarding  the  act  for  which  he 
received the AmnM is the official citation and certificate.  No 
supporting  documentation  that  the  Air  Force  Awards  and 
Decorations  Board  would  have  had  available  to  them  at  the  time 
of  the  Decorations  Board  was  provided.    Based  on  the  lack  of 
supporting evidence there is not enough information to determine 
if the applicant's act on 17 March 1988 should be credited with 
extraordinary  heroism.    On  2  Dec  02,  the  2003  National  Defense 
Authorization Act (NDAA) added the provisions for the additional 
10  percent  in  retirement  pay  for  members  of  the  Reserve 
Components  who  later  qualify  for  retired  pay  for  non-regular 
service.  However, it did not clarify if the act for which the 
member  is  credited  with  extraordinary  heroism  must  occur  on  or 
after  this  date.    If  the  AFBCMR  determines  the  act  should  be 
credited  with  extraordinary  heroism,  the  board  must  also 
consider if the intent of the effective date to 10 U.S.C. 12739 

 

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was to include those retired reserve component members who were 
later determined to be credited with extraordinary heroism, but 
the act occurred prior to 1 Oct 02.   
 
A copy of SAF/MRBP’s complete advisory is at Exhibit D. 
 
The  SAF/MRB  Legal  Advisor  recommends  the  case  be  evaluated  on 
the merits, indicating that while the relevant statute carefully 
defines  an  effective  date  for  pay,  it  omits  any  restriction  in 
time on the precedent heroic act itself.  Indeed, nothing in the 
plain  language  of  the  law  would  prevent  a  reservist  from 
qualifying for the heroism bonus by virtue of an act he or she 
had  accomplished  before  passage  of  the  legislation.    The 
entitlement  thus  arises  for  three  necessary  conditions,  namely 
(1)  entitlement  to  retired  pay,  (2)  Secretarial  credit  for 
extraordinary  heroism  in  the  line  of  duty,  and  (3)  enlisted 
status.  Once all of these are met, then a retiree is entitled 
to  the  10%  bonus.    Therefore,  the  Board  should  resolve  the 
current  case  on  the  merits,  irrespective  of  the  date  of  the 
heroic act.   
 
A  copy  of  SAF/MRB  Legal  Advisor’s  complete  advisory  is  at 
Exhibit F. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  applicant  submits  an  expanded  statement  in  which  he  states 
he does not have any additional evidence to support his request 
other  than  his  citation  and  orders  for  his  AmnM.    However,  he 
believes he meets the requirements for the additional 10% bonus.  
He  provides  a  brief  overview  of  his  career,  and  submits  copies 
of his awards and decorations (Exhibit H). 
 
_______________________________________________________________ 
 
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.  The applicant 
contends that his actions for which he was awarded the Airman’s 
Medal  (AmnM)  constituted  “extraordinary”  heroism  and  he  should 
therefore  be  awarded  an  additional  10  percent  in  retired  pay.  
After  a  thorough  review  of  the  evidence  of  record  and  the 
applicant’s  complete  submission,  we  do  not  find  the  evidence 
provided  by  the  applicant  sufficient  to  conclude  that  his 
actions  rose  to  the  level  of  extraordinary  heroism  as  required 

 

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by  10  USC  8991.    In  this  respect,  we  note  the  comments  by 
SAF/MRBP  indicating  the  citation  and  certificate,  in  and  of 
themselves, are not sufficient to make such a determination and 
neither  the  record,  nor  the  applicant’s  submission  contain  the 
supporting  documentation  that  the  Air  Force  Awards  and 
Decorations  Board  would  have  had  available  to  them  in  making 
such  a  determination  when  the  award  was  processed.    Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief. 
 
________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  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-2012-00690 in Executive Session on 4 Dec 12, under the 
provisions of AFI 36-2603: 
 
 
 
  
 
The following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
                                   Panel Chair 

Exhibit A.  DD Form 149, dated 8 Feb 12, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, NGB/A1PS, dated 22 Mar 12. 
Exhibit D.  Letter, SAF/MRBP, dated 13 Sep 12.  
Exhibit E.  Letter, SAF/MRBR, dated 17 Sep 12. 
Exhibit F.  Letter, SAF/MRB Legal Advisor, dated 15 Oct 12. 
Exhibit G.  Letter, SAF/MRBC, dated 22 Oct 12. 
Exhibit H.  Letter, Applicant, undated. 

   
   
 

 Panel Chair 
 Member 
 Member 

 

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