RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00705
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He receive an additional 10 percent increase in retirement pay 
for heroism.

________________________________________________________________

APPLICANT CONTENDS THAT:

The fact that he was not considered for an increase in 
retirement pay was an injustice caused by a lack of knowledge of 
the guidelines.  He was informed that award of the Silver Star 
was the only medal that could be considered for the 10 percent 
increase in retired pay.

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; Distinguished Flying Cross (DFC) citation, and various 
other documents associated with his request.

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

________________________________________________________________

STATEMENT OF FACTS:

According to documents provided by the applicant, on 7 Feb 1970, 
he was awarded the DFC for heroism.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force.  Accordingly, there is no need to recite these 
facts in this Record of Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that while the 
heroic actions of the applicant are commendable, it appears that 
they occurred during combat actions.  Therefore, according to 
the Air Force directives at the time, he is ineligible for the 
increase in retirement pay.


The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 May 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (Exhibit 
D).

________________________________________________________________

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; however, 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 the applicant has not 
been the victim of an error or injustice.  Although we find his 
heroic actions laudable, we see no evidence of either an error 
or an injustice in this case.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application.

________________________________________________________________

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.

________________________________________________________________

?
The following members of the Board considered this application 
in Executive Session on 19 Nov 2013, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-
2013-00705:

    Exhibit A.  DD Form 149, dated 7 Feb 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 22 Apr 2013, w/atch.
    Exhibit D.  Letter, Letter, SAF/MRBR, dated 6 May 2013.
2 3