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AF | BCMR | CY2012 | BC-2012-03562
Original file (BC-2012-03562.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03562

		COUNSEL:  NO

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a ten percent increase in his retired pay for being 
awarded the Airman’s Medal (AmnM), effective 1 Mar 85.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the AmnM and he should have been given a ten 
percent increase in his retired pay.  He was never notified that 
he could receive such an increase when he retired.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 31 Aug 64. 

On 15 Oct 76, the applicant was awarded the AmnM for his acts of 
heroism on 18 Feb 76.

On 1 Mar 85, the applicant retired from the Air Force and was 
credited with 20 years and 6 months of total active service.    

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force which are at Exhibits C and D. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends the Air Force Decorations Board evaluate 
the applicant’s request to determine if his award of the Bronze 
Star Medal [sic] for heroism qualifies for the additional ten 
percent in retired pay.  The Secretary of the Air Force 
Personnel Council (SAFPC) determines entitlement to the ten 
percent increase in retired pay upon approval of the AmnM for 
enlisted members for extraordinary heroism.  In accordance with 
the policy in place in 1972, enlisted members awarded the AmnM 
for heroism must apply to SAFPC for a determination relative to 
extraordinary heroism and eligibility for such an increase in 
retired pay.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

SAF/MRBP recommends denial, indicating the applicant was 
appropriately recognized for his heroic action with the AmnM.  
Title 10 USC Section 8991(a)(2) indicates that certain enlisted 
members credited with extraordinary heroism in the line of duty 
by the Secretary of the Air Force may qualify for a ten percent 
increase in their retired pay.  The Secretary's determination as 
to extraordinary heroism is conclusive for all purposes.  
However, the applicant’s AmnM citation and an Airman Performance 
Report (APR) for the period 15 Mar 76 to 14 Mar 77 describes the 
act for which he was awarded the AmnM but does not depict it as 
an act of extraordinary heroism.  Without additional 
documentation, including the commander’s recommendation and 
witness statements, there is not enough information to determine 
if the applicant’s act should be considered extraordinary 
heroism.  Supporting evidence should include the original 
decoration narrative justification, witness statements, and the 
report of investigation from the incident.

A complete copy of the SAF/MRBP evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force and SAFPC evaluations were forwarded to 
the applicant on 4 Jun 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 an error or injustice.  After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we find no evidence which would lead us 
to believe the applicant’s actions constituted an act of 
extraordinary heroism as required for the ten percent increase 
in retirement pay for having received the AmnM for extraordinary 
heroism.  Therefore, we agree with the opinion and 
recommendation of SAFPC and adopt its rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
or injustice.  The personal sacrifice the applicant has endured 
for his country and fellow service members is noted and our 
decision is not intended in any way to lessen the importance of 
his service.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

________________________________________________________________

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-2012-03562 in Executive Session on 20 Aug 13, under 
the provisions of AFI 36-2603:

		               , Panel Chair
		               , Member
		               , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 11 Feb 13.
    Exhibit D.  Letter, SAF/MRBP, dated 3 Jun 13.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Jun 13.




                                   
                                   Panel Chair



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