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 Airmans 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 applicants 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 applicants 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 applicants 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 applicants complete
submission, we are not persuaded that the applicants retirement
should be increased to 10 percent for extraordinary heroism. The
applicants 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 applicants
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 applicants 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
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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