RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02843
		INDEX CODE: 107.00, 128.14
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive an additional 10% in his retirement pay.

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APPLICANT CONTENDS THAT:

He did not realize that he was eligible to receive the additional 10% retirement pay when he retired.

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STATEMENT OF FACTS:

On 1 December 1963, the applicant retired from the Regular Air Force after serving 20 years, 3 months and 2 days.

On 30 June 1944, the applicant was awarded the Soldier’s Medal for an act of heroism on 12 June 1944.

He applied for an additional 10% retired pay in 1963; however, APFC evaluated and denied his request stating that he did not qualify for the increase in pay.  

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 constitutes "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.

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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.  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 Soldier’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 Secretary of the Air Force Personnel Council previously considered his request and determined that his action did not rise to the level of "extraordinary" heroism as required for award of the additional 10% in retired pay.  Evidence has not been provided which would lead us to believe that their decision was erroneous or unjust.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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-2008-02843 in Executive Session on 17 December 2008, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02843 was considered:

    Exhibit A.  DD Form 149, dated 22 June 2008, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.

                                   
                                   Panel Chair