RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01203
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His retired pay be increased by ten percent due to being awarded
the Airmans Medal (AmnM) for heroism, including voluntary risk
of life.
APPLICANT CONTENDS THAT:
Recipients of the AmnM, Silver Star (SS), and Distinguished
Flying Cross (DFC) are entitled to a ten percent increase in
retirement pay when the awards are bestowed for extraordinary
heroism.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Washington Air National Guard in the
grade of Senior Master Sergeant (SMSgt) during the matter under
review.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits C
and D.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of
an error or injustice. On 12 May 04, the applicant was awarded
the AmnM for heroism involving voluntary risk of life for his
actions on 11 Jul 03. In accordance with AFI 36-2803, the
Secretary of the Air Force Personnel Council determines whether
or not enlisted recipients of the SS, DFC, and AmnM qualify for
a ten percent increase in retired pay due to extraordinary
heroism. At the time the applicants AmnM was approved, the
policy in place was only to indicate if the ten percent increase
in retirement pay was approved on the Special Order. If the ten
percent increase was not approved, no indication was made on the
Special Order at that time. The Secretary of the Air Force
Personnel Council approved the award of the AmnM to the
applicant for his action, at which time they also considered and
disapproved award of the ten percent increase in retirement pay
as the actions did not rise to the level of extraordinary
heroism.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPPRRP recommends denial indicating there is no evidence of
an error or injustice. The ten percent increase is not
automatic to all retired members who have been awarded a
decoration for heroism. The law gives the Secretary of the Air
Force the responsibility for determining what constitutes
extraordinary heroism. When enlisted members are awarded the
AmnM, a Secretarial determination that the heroism was
extraordinary is required. On 12 May 2004, according to Special
Order G-163, the Secretary of the Air Force considered the
applicant for an additional ten percent retired pay in
connection with the act of heroism that warranted the AmnM. The
determination was made that the act, while courageous, did not
meet the extraordinary heroism criteria established by law for
the additional retired pay.
A complete copy of the AFPC/DPPRRP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 19 Sep 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
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. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
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-2014-01203 in Executive Session on 22 Jan 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 2 Jun 14.
Exhibit D. Memorandum, AFPC/DPPRRP, dated 1 Aug 14.
Exhibit E. Letter, SAF/MRBR, dated 19 Sep 14.
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He did not realize at the time that he could receive a 10 percent increase in his retirement pay for receiving the AmnM and now humbly requests the increase. The Secretary of the Air Force Personnel Council (SAFPC) determines entitlement to a 10 percent increase in retirement pay for the AmnM when awarded to enlisted members for extraordinary heroism upon approval of the award. ________________________________________________________________ The following members of the Board considered...