RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00506
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be awarded the additional 10 percent retirement pay authorized for Airman's Medal (AM) recipients.

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APPLICANT CONTENDS THAT:

He received the AM on 6 Dec 99 and was considered by the Secretary of the Air Force Personnel Council for the additional 10 percent retirement pay.  His request was denied due to the criteria.  He was involuntarily separated from the Air Force and did not pursue the issue.  He is now back on active duty dedicated to making the Air Force a career.  He simply would like to have his case reviewed again since he looks to the Air Force not only for his future, but his family's future as well.  

In support of his request, applicant provided, documentation associated with award of the AM, documentation associated with the events which led to award of the AM; a copy of his AF Form 766, Extended Active Duty Order; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; and a copy of his DD Form 256AF, Honorable Discharge certificate.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 15 Dec 89 and was progressively promoted to the grade of senior airman, having assumed that grade effective and with a date of rank of 15 Apr 92.  On 9 Dec 99, applicant was involuntarily released from active duty because of high-year-of-tenure restrictions.  He served 9 years, 11 months, and 25 days on active duty.  Applicant was subsequently appointed a first lieutenant, Reserve of the Air Force on 10 May 02 and was voluntarily ordered to extended active duty on 11 May 02.

On 6 Dec 99, applicant was awarded the AM for heroism involving involuntary risk of life.  His citation and orders were forwarded for Secretarial determination.  The Secretary of the Air Force Personnel Council determined that the act did not meet the criteria established for the additional 10 percent retired pay.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial.  DPPRRP states that Title 10 USC provides for the 10 percent increase in retired pay for extraordinary heroism for enlisted members only.  The increase is not automatic to all retiring enlisted members who have been awarded a decoration for heroism.  Rather, the law gives the Secretary of the Air Force the responsibility for determining what constitutes "extraordinary heroism."  When enlisted members are awarded the AM a Secretarial determination that the heroism was extraordinary is required.  He was cited for heroism involving voluntary risk of life and his citation was forwarded for Secretarial determination.  On 6 Dec 99, the applicant was notified that the Secretary of the Air Force had determined that the act did not meet the criteria established for the additional 10 percent retired pay.  Applicant is currently serving on active duty as a first lieutenant.   If the Secretary had determined that he was entitled to the increase in retired pay, he would have to retire as an enlisted member in order to receive the additional retired pay.  The DPPRRP evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Mar 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  Although we find his actions, which led to his award of the Airman's Medal commendable, we see no evidence of either an error or an injustice in this case.  In this regard, we took note that the Personnel Council previously considered him for award of the additional 10 percent retired pay.  It is our opinion that the Personnel Council, who is authorized to make decisions in these matters on behalf of the Secretary of the Air Force, is in the best position to make this determination.  Evidence has not been provided which would lead us to believe that their decision was erroneous or unjust.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's 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 issue involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 AFBCMR Docket Number BC-2003-00506 in Executive Session on 3 Jun 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRRP, dated 18 Mar 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Mar 03.

                                   
                                   Panel Chair