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AF | BCMR | CY2013 | BC 2013 05538
Original file (BC 2013 05538.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05538
					COUNSEL:  NONE
		HEARING DESIRED:  YES 


APPLICANT REQUESTS THAT:

He be awarded an additional 10 percent increase in his retired pay 
as a result of receiving the Airman’s Medal (AmnM) for heroism.


APPLICANT CONTENDS THAT:

He should have been awarded a 10 percent increase in his 
retirement pay as a result of his heroic actions for which he 
received the AmnM.

He was advised that when the AmnM is approved, simultaneous 
disposition on whether or not the actions meet the criteria of 
“extraordinary heroism,” for the 10 percent increase is supposed 
to be performed.  

He never received notification that the 10 percent increase in 
retirement pay was considered at the time he was awarded the AmnM.

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


STATEMENT OF FACTS:

On 4 Nov 03, the applicant was awarded the AmnM for heroism per 
Special Order G-023.

Section 8991, Title 10, United States Code, 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.

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for an 
additional 10 percent increase in retirement pay.  The Secretary 
of the Air Force Personnel Council (SAFPC) determines entitlement 
to an additional 10 percent increase in retirement pay, upon 
approval of the AmnM for enlisted members for extraordinary 
heroism.  According to the original award approval authority, 
SAFPC, the applicant was considered and disapproved for the extra 
10 percent increase in retirement pay upon their approving of the 
Airman's Medal for his heroism on 27 November 2000.  It appears at 
the time the applicant's AmnM was approved, the policy in place 
was only to indicate if the additional 10 percent increase in 
retirement pay was approved on the special order.  If the 
additional 10 percent increase in retirement pay was disapproved, 
no indication was made on the special order.

The complete DPSID evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his original contention that he was not 
aware that he had been previously considered for the additional 
10 percent increase in retirement pay for the AmnM.  

The specific DoDM guidance noted in the advisory opinion reflects 
no specific criteria references other than to say individual 
military departments have their own respective medal to recognize 
acts of heroism not involving actual combat.

Regarding references to the Secretary of the Air Force (SecAF) and 
the Chief of Staff, he reiterates that he had no knowledge of 
whether or not he was approved for the 10 percent retirement 
entitlement upon approval of the AmnM and his former unit and Air 
Force personnel officials could find no record of this 
consideration either.

The applicant noted the extraordinary actions he performed and 
believes that he should be entitled to the additional 10 percent 
in retirement pay.

The applicant’s complete response, with attachments, is at 
Exhibit D. 


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After a 
thorough review of the evidence of record and applicant’s complete 
submission, we are not persuaded that the applicant’s retirement 
should be increased to 10 percent for extraordinary heroism.  The 
applicant’s contentions are duly noted; however, we do not find 
these assertions, in and by themselves, sufficiently persuasive to 
override the rationale provided by the Air Force.  The applicant’s 
actions were undoubtedly heroic; however, heroism is the basic 
criteria for the AmnM.  To receive the 10 percent increase in pay, 
Title 10, USC, Section 8991, requires the heroism to be deemed 
“extraordinary.”  The law gives the Secretary of the Air Force the 
responsibility for determining what constitutes “extraordinary” 
heroism.  A Review by the Secretary of the Air Force Personnel 
Council determined that the increase in pay was not warranted in 
this case.  The applicant has not provided sufficient evidence to 
compel us to overturn that Secretarial finding.  In view of the 
above, we agree with the recommendation of the Air Force and adopt 
the rationale expressed as the basis for our decision the 
applicant has failed to sustain his burden that he has suffered 
either an error or injustice.  Therefore, we cannot recommend 
granting the relief sought.
4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered.


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-2013-05538 in Executive Session on 9 Oct 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Nov 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSID, dated 24 Mar 14.
Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 14.
Exhibit D.  Letter, Applicant, dated 13 Apr 14, w/atchs.


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
3
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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