RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04685
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be entitled to a 10 percent increase in retired pay due to
his being a recipient of the Airman's Medal (AmnM).
APPLICANT CONTENDS THAT:
He received the AmnM; however, he never received an increase in
his retirement pay.
The applicant believes the Board should find it in the interest
of justice to consider his untimely application because he only
recently discovered that all members who receive the AmnM are
entitled to a 10 percent increase in retirement pay.
In support of his request, the applicant provides a personal
statement, copies of his DD Form 214, Armed Forces of the United
States Report of Transfer or Discharge; DD Form 2, United States
Uniformed Services Identification Card; AmnM citation, and
various other documents related to his request.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force in the grade of
Technical Sergeant (TSgt, E-6) after serving 20 years and
15 days of active duty.
Special Order GB-177 dated 16 July 1964, reflects the applicant
was awarded the AmnM for heroism involving risk of life on
18 April 1964.
The AmnM is awarded to members of the Armed Forces of the United
States or foreign military personnel who, while serving in any
capacity with the Air Force, distinguish themselves by heroism
involving voluntary risk of life under conditions other than
those of actual conflict with an enemy.
In accordance with AFI 36-2803, The Air Force Awards and
Decorations Program, the Secretary of the Air Force Personnel
Council (SAFPC) determines upon approval, entitlement to a
10 percent increase in retirement pay for award of the AmnM
awarded for extraordinary heroism.
AIR FORCE EVALUATION:
AFPC/DPSID defers to SAF/MRBP to determine whether the
applicants award of the AmnM for heroism on 17 April
1964 qualifies for consideration of the 10 percent increase in
retirement pay.
The complete DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial. Additional documentation is needed
from the applicant to determine if he meets the criteria for the
10 percent increase in retirement pay. Should the applicant
locate the narrative or citation, he can apply for
reconsideration through the Board.
The complete MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 15 May 2014, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
The applicant did not file within three years after the alleged
error or injustice was discovered as required by Title 10,
United States Code, Section 1552, Correction of Military Records
and AFI 36-2603, Air Force Board for Correction of Military
Records. Furthermore, the applicant has not shown a plausible
reason for the delay in filing, and we are not persuaded that
the record raises issues of error or injustice which require
resolution on the merits. Thus, we cannot conclude it would be
in the interest of justice to excuse the applicants failure to
file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
The following members of the Board considered this application
in Executive Session on 9 September 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-04173:
Exhibit A. DD Form 149, dated 5 November 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 January 2014.
Exhibit D. Letter, SAF/MRBP, dated 2 May 2014.
Exhibit E. Letter, SAF/MRBR, dated 15 May 2014.
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