RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02021
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 Silver Star for gallantry.
APPLICANT CONTENDS THAT:
Based on the governing Air Force Instruction (AFI), he should have
been automatically considered for the 10 percent increase in
retirement pay.
The 10 percent increase should have been reflected on his special
order; however, because of a delay in processing his award, an
incomplete package was submitted which resulted in him not being
considered for the 10 percent pay increase.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
While serving as a Staff Sergeant, the applicant was awarded the
Silver Star for gallantry involving voluntary risk of life.
According to Silver Star citation, on 5 Nov 01, the applicant
targeted and destroyed an enemy bunker complex. His team was
decisively engaged by a well planned and executed counterattack by
Taliban forces. With complete disregard for his own personal
safety and despite heavy incoming small arms fire and rocket
propelled grenades impacting all around his position, calmly
remained exposed to coordinated emergency close air support. With
nearly all of his host nation forces fleeing in panic and Taliban
forces closing in on his position, he instinctively and
successfully directed numerous dangerous close air strikes to
thwart the enemy's advance. His personal actions on the
battlefield were decisive and instrumental in the liberation of
six northern Afghan provinces and prevented a major defeat of the
Northern Alliance forces during their campaign to capture Mazer-e-
Sharif.
On 1 Sep 04, the applicant was awarded the Silver Star for
gallantry per Special Order G-306.
On 1 Sep 14, the applicant retired; he was credited with 20 years
of service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial for award of an additional 10 percent
increase in retirement pay. Based on the policy in place at the
time, the applicant was considered for the additional 10 percent
increase at the time of his consideration for award of the Silver
Star; however, the 10 percent increase in retirement pay was
disapproved by the Secretary of the Air Force Personnel Council
(SAFPC). Due to the practice in place in 2004, the 10 percent
increase in retirement pay was only indicated on the special
order, if approved.
In accordance with AFI 36-2803 (dated 15 June 2001), Section 1.2,
SAFPC approves or disapproves recommendations for each decoration
or unit award requiring Secretary of the Air Force (SAF) approval.
SAFPC determines upon approval entitlement to the 10 percent
increase in retirement pay for the Silver Star, Distinguished
Flying Cross, and Airman's Medal when awarded to enlisted members
for extraordinary heroism.
After a thorough review of the applicant's official military
personnel record, DPSID was unable to verify the additional
10 percent increase in retirement pay. Until 18 Dec 13, there was
no policy in place to put if the additional 10 percent increase in
retirement pay was disapproved on the Special Order.
The complete DPSID evaluation is at Exhibit C.
SAFPC recommends denial and concurs with the advisory opinion from
DPSID. SAFPC has reviewed the applicant's records, the submitted
supporting documents, the criteria for an additional 10 percent
for retirement pay purposes (AFT 36-2803, 2.14.1.2), and the
advisory from DPSID. SAFPC concurs with the recommendation to
disapprove the 10 percent additional retirement pay. In addition
to the explanation provided by DPSID about the policy in place in
2004, the applicant records show that the Decorations Board in Aug
04 did not approve the additional 10 percent retirement pay when
they approved the award of the Silver Star.
The complete SAFPC evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant is not clear whether or not the Board was able to
review copies of his Silver Star citation and narrative to
determine if his action met the criteria for extraordinary
heroism, or only noted that the Special Order made no mention of
an increase to retirement pay (approval or disapproval).
Therefore, he respectfully requests a full review of his Silver
Star and supporting documentation for consideration of a
10 percent increase to retirement pay.
The applicants complete response, with attachments, is at
Exhibit F.
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. We took
notice of the applicants complete submission in judging the
merits of the case; however, the Air Force office of primary
responsibility and SAFPC has adequately addressed the issues
presented by the applicant we are in agreement with their
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.
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-2014-02021 in Executive Session on Wednesday, 11 Mar 2015 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 May 14, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 1 Aug 14.
Exhibit D. Letter, SAFPC, undated.
Exhibit E. Letter, SAF/MRBR, dated 24 Nov 14.
Exhibit F. Letter, Applicant, dated 19 Dec 14, w/atchs.
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ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 95-02742 COUNSEL: VFW HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Counsel requests consideration for a ten percent increase in the applicant’s retired pay, retroactive to his retirement date, due to the award of the Silver Star through AFBCMR action in July 1996. ...