RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03102
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive a 10 percent increase in retirement pay for award of
the Airmens Medal.
APPLICANT CONTENDS THAT:
In Accordance With (IAW) AFI 36-3203, Service Retirements,
consideration for the additional 10 percent increase in his
retirement pay was not made at the time of the award, or at the
time of retirement.
In support of his request, the applicant provides a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty; AF
Form 2243, Airmans Medal; a citation, special order and an
excerpt from AFI 36-3203.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 1 Jun 06, the applicant retired from the Air Force in the grade
of technical sergeant having served 21 years, 7 months and 7 days
of total active service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends the Secretary of the Air Force Personnel
Council (SAFPC) (SAF/MRBP) review and advise whether the
applicants award of the Airmans Medal for heroism on 1 Jul
98 qualifies for consideration of an additional 10 percent
increase in retirement pay as it cannot be conclusively determined
if he was in fact considered upon approval of the decoration.
IAW AFI 36-3203, dated 8 Sep 06, since 1979, enlisted members who
have been awarded the Silver Star or the Distinguished Flying
Cross for heroism in a noncombat action, or the Airmans Medal
have been automatically considered for the additional 10 percent
retired pay increase. If they were approved for the additional
10 percent increase in retirement pay, their special order
approving the decoration would include a statement to the fact.
Absence of a statement on the special order authorizing the
additional 10 percent of retirement pay may indicate that it was
not approved by the SAFPC. If the member believes consideration
was not made at the time the medal was awarded, he may ask for a
Secretarial decision.
The applicant was awarded the Airmans Medal for heroism on 1 Jul
98, per Department of the Air Force Special Order GB-448 dated
2 Jun 99. However, DPSID was unable to verify award of the
additional 10 percent increase in retirement pay.
The policy in place in 1979 was to consider enlisted members for
the additional 10 percent and to only place on the special order
if the additional 10 percent was granted. Since Special Order GB-
448 does not reflect approval/disapproval of the additional
10 percent it cannot be confidently assumed that the applicant was
considered at the time of award and denied.
The complete DPSID evaluation is at Exhibit C.
SAF/MRBP agrees with the position of AFPC/DPSID indicating that
the omission of the additional 10 percent on the applicants
Special Order GB-448, dated 2 Jun 89, leaves some uncertainty as
to whether it was considered at the time of approval of the
Airmans Medal. In order for SAFPC to consider the additional
10 percent increase in retirement pay, the applicant will need to
provide the complete package that was considered at the time of
the award of the Airmans Medal IAW AFI 36-3203, to include one or
more of the following: Fire reports, police reports, newspaper
articles, safety reports, and/or witness statements. The only
document the applicant provides that gives any substantive
information is the citation and that does not provide sufficient
information to consider the 10 percent increase in retirement pay
he is requesting.
The complete MRBP evaluation, with attachments, is at Exhibit D.
AFPC/DPSOR recommends denial. On 2 Jun 89, SAFPC considered the
applicant for an additional 10 percent increase in retired pay in
connection with the act of heroism that warranted the Airmans
Medal. There is no special order on file specifying the Secretary
of the Air Force authorized an additional 10 percent in retirement
pay. There are no annotations or documentation where we can
assume awarding the 10 percent pay increase is warranted. Absence
of a statement on the special order authorizing the additional
10 percent in retirement pay may indicate that it was not approved
by SAFPC. Close control in the granting of retired pay for
extraordinary heroism is in consonance with the applicable law and
is in no way intended to detract from the importance of individual
acts.
The complete DPSOR evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 Apr 15, for review and comment within 30 days
(Exhibit F). 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. After a
thorough review of the evidence of record and the applicants
complete submission, we agree with the opinions and
recommendations of the Air Force offices of primary responsibility
and adopt the rationale expressed as the basis for our conclusion
that the applicant has failed to sustain his burden of proof that
he has been the victim of an error on injustice. Should the
applicant provide the information noted by SAF/MRBP, we would be
willing to reconsider his request. 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 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-2014-03102 in Executive Session on 9 Jun 15, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03102 was considered:
Exhibit A. DD Form 149, dated 11 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 24 Nov 14.
Exhibit D. Letter, SAF/MRBP, undated.
Exhibit E. Letter, AFPC/DPSOR, dated 2 Feb 15.
Exhibit F. Letter, SAF/MRBR, dated 30 Apr 15.
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