RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01173
		INDEX CODE 107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded a 10% increase in his retired pay (retroactive to his date of retirement) based on extraordinary heroism in connection with his receiving the Airman’s Medal.

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APPLICANT CONTENDS THAT:

It was not until attending a Retiree Appreciation Day event held in August 2000 at the Air Force Academy that he learned of his eligibility for the additional 10% entitlement. 

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

By Special Order G-21 dated 3 March 1961, applicant was awarded the Airman’s Medal for heroic action performed on 2 September 1960.  He retired from the Air Force in the grade of technical sergeant on 1 March 1974 after 20 years and 26 days of active service.

The relevant facts pertaining to this application, extracted from the applicant's military records, 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.

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AIR FORCE EVALUATION:

The Retirement Programs and Policy Section, AFPC/DPPRRP, reviewed the applicant’s request and recommended denial.  Section 8991, Title 10, United States Code, provides for the 10% increase in retired pay for extraordinary heroism.  The increase is not automatic to all retiring members who have been awarded a decoration for heroism.  Rather, the law gives the Secretary of the Air Force the responsibility for determining what constitues “extraordinary heroism.”  Accordingly, the Secretary has determined that an enlisted member who received the Medal of Honor, the Air Force Cross, or equivalent Army or Navy decoration, will be automatically credited with additional retired pay.  When enlisted members are awarded the Distinguished Flying Cross (noncombat for heroism only), the Silver Star or the Airman’s Medal, a Secretarial determination that the heroism was extraordinary is required.

The applicant was cited for heroism involving voluntary risk of life, and his citation and orders were forwarded for Secretarial determination.  On 18 September 1973, the applicant’s personnel function was notified that the Secretary of the Air Force had determined that the act did not meet the criteria established for the additional 10% retired pay.  In accordance with Section 8991, Title 10, United States Code, the decision of the Secretary of the Air Force is conclusive for all purposes.  No irregularities or injustices occurred in the applicant’s case.  The award was considered for the additional retired pay for extraordinary herosim; it was not approved and, by law, that determination is final.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 15 June 2001, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that applicant’s retirement pay should be increased 10% for extraordinary heroism.  Applicant’s 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 applicant’s actions were undoubtedly heroic; however, heroism is the basic criteria for the Airman’s Medal. To receive the 10% increase in pay, Title 10, USC, Section 8991, requires the heroism to be deemed “extraordinary.” The law gives the service secretaries the responsibility for determining what constitutes “extraordinary” heroism. Review by the Secretary of the Air Force 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 recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice. Therefore, we cannot recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 25 July 2001, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 17 Apr 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRRP, dated 31 May 01.
	Exhibit D.	AFR 900-48, dated 15 Mar 82.
	Exhibit E.	Letter, SAF/MIBR, dated.

	
	Panel Chair