RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01632
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 NOV 08

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APPLICANT REQUESTS THAT:

He receive an additional 10% retirement pay for his previously awarded Airman’s Medal (AM) for heroism on 20 July 1970.

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APPLICANT CONTENDS THAT:

He served his country honorably in Korea and Vietnam.  He retired after 20 years of service and feels his dedication should be recognized.

In support of his request, the applicant provided documentation associated with a Congressional Inquiry.

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

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STATEMENT OF FACTS:

Applicant retired after serving 20 years and 26 days on active duty.

Applicant was awarded the AM for heroism on 20 July 1970, while assigned to Vietnam.  Applicant was considered for award of the additional 10% retirement pay in 1971.  However, the Secretary of the Air Force Personnel Council (SAF/PC) denied the request.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states applicant was previously awarded the AM for an act of heroism; however, during the time the applicant was approved for the decoration the additional 10% for retirement was not considered.  On 28 June 1971, SAF/PC disapproved the applicant’s and several other requests for the additional 10% retirement pay increase.  No additional documentation was submitted with the applicant’s reconsideration request in 2007.

The DPPPR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 June 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 AM commendable, we see no evidence of either an error or an injustice in this case.  In this regard, we took note that SAF/PC previously considered him for award of the additional 10 percent retired pay subsequent to his retirement from the Air Force.  It is our opinion that SAF/PC, who is authorized to make decisions in these matters on behalf of the Secretary, 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 its 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.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered AFBCMR Docket Number BC-2007-01632 in Executive Session on 28 Aug 07, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 May 07, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 12 Jun 07.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.