RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02393
		INDEX CODE:  108.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded a 10% increase in his retired pay based on his receipt of the Airman’s Medal.

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APPLICANT CONTENDS THAT:

Last year he discovered through a military magazine that his Airman’s Medal might allow him an additional percentage on his retired pay.  He believes that this extra percentage for receipt of the Airman’s Medal for heroism might have been available at the time of his retirement but the medal was not on his DD Form 214.  He was advised that he should send proof of his receipt of the Airman’s Medal to the Defense Finance and Accounting Service in Cleveland (DFAS).  DFAS advised him that he needed to apply to the Board for issuance of orders authorizing him to receive adjustment of his retired pay and directing DFAS to adjust his account accordingly.  

In support of his request, applicant submits a personal statement, copies of his DD Form 214, a copy of the citation for the Airman’s Medal and documents associated with his retired pay.

Applicant’s complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Army of the United States on 27 December 1948 and entered active duty on same date.  The applicant was honorably discharged in the grade of staff sergeant on 16 August 1952.  The applicant enlisted in the United States Air Force on 20 July 1953 and continued to enlist and serve until 30 June 1977, when he was retired in the grade of senior master sergeant.  He was credited with 27 years, 6 months and 29 days of total active duty service.
By Special Order GB-315 dated 6 November 1964, applicant was awarded the Airman’s Medal for heroic action performed on 1 November 1963.  

On 23 August 2002, the Personnel Council, Air Force Decorations Board, reviewed and denied applicant’s request for 10% increase in retired pay.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends the application be denied.  DPPRRP states that the applicant was cited for heroism involving voluntary risk of life.  His citation, orders and additional documentation were forwarded for a Secretarial determination as to whether the heroism was extraordinary.  On 23 August 2002, the SAF/PC 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.

The AFPC/DPPRRP evaluation, with attachments, is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he does not know what the term “extraordinary heroism” signifies.  As he thinks back to the time of the incident for which he received the Airman’s Medal, he reacted as he did because he knew that if the burning fuel tank was allowed to continue to burn, the resulting explosion would destroy the civil engineer’s building where he worked along with the thirty-five other people.  His command was grateful enough to recommend him for the Airman’s Medal; however, neither SAF/PC nor AFPC/DPPRRP appear to be impressed with his heroism.   

Applicant’s letter, with attachments, is at Exhibit E.

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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 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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his retired 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 evidence that would lead us to believe overturning the Secretarial finding is warranted.  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 19 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 Jul 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRRP, dated 18 Oct 02.
	Exhibit D.	Letter, SAF/MRBR, dated 25 Oct 02.
	Exhibit E.	Letter, Applicant, dated 5 Nov 02 w/atchs.