RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03229
		INDEX CODE:  136.00 

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His retired pay reflect award of a 10 percent increase based on extraordinary heroism in connection with the award of the Silver Star Medal.

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APPLICANT CONTENDS THAT:

He was informed that the Silver Star Medal he was awarded for combat action as an Infantry Squadron Leader in World War II made him eligible for additional retirement pay.  He later was informed that he was ineligible for the monetary benefits because he retired as an officer and the additional pension did not apply to officers.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Army of the United States on 21 June 1943 and was honorably discharged in the grade of sergeant, on 7 December 1945 under the provisions of Convenience of Government RR 1-1.  He served 1 year, 7 months, and 24 days of total active service.  

On 12 June 1945, the applicant, a private first class, was awarded the Silver Star for gallantry in action in Holland on 3 November 1944.  At that time, the applicant was assigned to the XXXth Infantry, Company C, United States Army.

According to the applicant’s Enlisted Record and Report of Separation, he received the following decorations and citations:  The American Service Medal, World War II Victory Medal, European African Middle Eastern Service Medal, Good Conduct Medal, and the Silver Star Medal.

On 19 January 1955, the applicant entered extended active duty in the grade of first lieutenant.

On 1 February 1973, the applicant retired in the grade of lieutenant colonel.  He served 20 years, 5 months, and 29 days of total active service.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommended denial.  They indicated that the law which provides for the 10 percent increase in retired pay for extraordinary heroism strictly pertains to enlisted members retired under section 8914.  The applicant retired under section 8911 in the grade of lieutenant colonel, which makes him ineligible for the 10 percent increase in retired pay for extraordinary heroism.  There are no other provisions of law that would allow for the 10 percent increase in retired pay for extraordinary heroism.  No irregularities or injustices occurred in the applicant’s case.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 November 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 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 reviewing the evidence of record, we are in agreement with the Air Force and adopt their rationale as the basis for our decision that the applicant has not been a victim of an error or injustice.  On 12 June 1945, the applicant, an enlisted member of the Army, was awarded the Silver Star for gallantry in action in Holland on 3 November 1944.  The applicant’s actions were undoubtedly heroic; however, his grade at the time of retirement is part of the criteria for award of the 10% increase in pay.  To receive the 10% increase in pay, Title 10, USC, Section 8991, requires a member to be an enlisted member at the time of retirement under the provisions of 10 U.S.C., Section 8914.  The applicant retired under section 8911 in the grade of lieutenant colonel, which makes him ineligible for the 10% increase in retired pay for extraordinary heroism.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action on this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an 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-2003-03229 in Executive Session on 11 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 September 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRRP, dated 28 October 2003,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 7 November 2003.