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
2
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
3
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
4
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