RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00705
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He receive an additional 10 percent increase in retirement pay
for heroism.
________________________________________________________________
APPLICANT CONTENDS THAT:
The fact that he was not considered for an increase in
retirement pay was an injustice caused by a lack of knowledge of
the guidelines. He was informed that award of the Silver Star
was the only medal that could be considered for the 10 percent
increase in retired pay.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; Distinguished Flying Cross (DFC) citation, and various
other documents associated with his request.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents provided by the applicant, on 7 Feb 1970,
he was awarded the DFC for heroism.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that while the
heroic actions of the applicant are commendable, it appears that
they occurred during combat actions. Therefore, according to
the Air Force directives at the time, he is ineligible for the
increase in retirement pay.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 May 2013, a copy of the Air Force evaluation was 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).
________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Although we find his
heroic actions laudable, we see no evidence of either an error
or an injustice in this case. 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 19 Nov 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00705:
Exhibit A. DD Form 149, dated 7 Feb 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 22 Apr 2013, w/atch.
Exhibit D. Letter, Letter, SAF/MRBR, dated 6 May 2013.
Panel Chair
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