RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03312
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive an additional 10 percent retirement pay for award of the Airman's Medal (AM) for heroism.

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APPLICANT CONTENDS THAT:

When he was presented the Airman's Medal by General XXXXXXXXXX, he was told that he would automatically receive an additional      10 percent in his retirement pay.  He states that many other senior officials told him the same thing.

In support of his request, the applicant provided a personal statement, a copy of his DD Form 214, a copy of the citation for award of the AM, and several news articles.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant received a permanent medical retirement after serving 28 years of satisfactory service in the Air Force Reserve (AFR) in the grade of senior master sergeant (E-8).  His Total Active Military Service Date (TAMSD) is 6 May 1996.

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AIR FORCE EVALUATION:

SAF/MRBP recommends denial.  MRBP states that they reviewed the applicant's request for an additional 10 percent retirement pay in December 2001 for award of the Airman's Medal and his act of heroism; however, the Board denied his request stating that it did not rise to the level to meet the criteria of "extraordinary 

heroism.”  The applicant has not provided any new evidence in support of his request.

The complete MRBP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 December 2008 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  After our review of the evidence of record, we believe favorable consideration of the applicant’s request is warranted.  The applicant received the AM for heroism when according to the citation, without regard for his own safety, and despite the intense smoke, burning and falling debris, and the likelihood of secondary explosions, he without a second thought entered the attacked area and instantly started helping people to safety.  The determining factor as to whether or not he should receive the extra 10 percent in retirement pay is whether or not his actions meet the criteria of being ”extraordinary.”    Although the Secretary of the Air Force Personnel Council recommends disapproval; we believe reasonable doubt exists in this case as to whether his actions were extraordinary.  In this respect, what is clear, according to the citation provided, is that the applicant placed himself into a position putting his life at risk to ensure the safety of personnel who were trapped in the burning building and set-up a medical response area that was critical in caring for injured victims.  Accordingly, we believe that any doubt in this matter should be resolved in his favor and recommend his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the award of the Airman’s Medal on 15 April 2002 for his actions of saving lives while entering a burning building was for “extraordinary heroism” rather than “heroism” and competent authority       determined he was entitled to a 10 percent increase in retired pay pursuant to U.S.C., Section 8991.

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The following members of the Board considered AFBCMR Docket Number BC-2008-03312 in Executive Session on 6 January 2009, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-03312 was considered:

    Exhibit A.  DD Form 149, dated 4 September 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBP, dated 20 November 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 2 December 2008.

                                   XXXXXXXXXX
                                   Chair