RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02021 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be awarded an additional 10 percent increase in his retired pay as a result of receiving the Silver Star for gallantry. APPLICANT CONTENDS THAT: Based on the governing Air Force Instruction (AFI), he should have been automatically considered for the 10 percent increase in retirement pay. The 10 percent increase should have been reflected on his special order; however, because of a delay in processing his award, an incomplete package was submitted which resulted in him not being considered for the 10 percent pay increase. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: While serving as a Staff Sergeant, the applicant was awarded the Silver Star for gallantry involving voluntary risk of life. According to Silver Star citation, on 5 Nov 01, the applicant targeted and destroyed an enemy bunker complex. His team was decisively engaged by a well planned and executed counterattack by Taliban forces. With complete disregard for his own personal safety and despite heavy incoming small arms fire and rocket propelled grenades impacting all around his position, calmly remained exposed to coordinated emergency close air support. With nearly all of his host nation forces fleeing in panic and Taliban forces closing in on his position, he instinctively and successfully directed numerous dangerous close air strikes to thwart the enemy's advance. His personal actions on the battlefield were decisive and instrumental in the liberation of six northern Afghan provinces and prevented a major defeat of the Northern Alliance forces during their campaign to capture Mazer-e- Sharif. On 1 Sep 04, the applicant was awarded the Silver Star for gallantry per Special Order G-306. On 1 Sep 14, the applicant retired; he was credited with 20 years of service. AIR FORCE EVALUATION: AFPC/DPSID recommends denial for award of an additional 10 percent increase in retirement pay. Based on the policy in place at the time, the applicant was considered for the additional 10 percent increase at the time of his consideration for award of the Silver Star; however, the 10 percent increase in retirement pay was disapproved by the Secretary of the Air Force Personnel Council (SAFPC). Due to the practice in place in 2004, the 10 percent increase in retirement pay was only indicated on the special order, if approved. In accordance with AFI 36-2803 (dated 15 June 2001), Section 1.2, SAFPC approves or disapproves recommendations for each decoration or unit award requiring Secretary of the Air Force (SAF) approval. SAFPC determines upon approval entitlement to the 10 percent increase in retirement pay for the Silver Star, Distinguished Flying Cross, and Airman's Medal when awarded to enlisted members for extraordinary heroism. After a thorough review of the applicant's official military personnel record, DPSID was unable to verify the additional 10 percent increase in retirement pay. Until 18 Dec 13, there was no policy in place to put if the additional 10 percent increase in retirement pay was disapproved on the Special Order. The complete DPSID evaluation is at Exhibit C. SAFPC recommends denial and concurs with the advisory opinion from DPSID. SAFPC has reviewed the applicant's records, the submitted supporting documents, the criteria for an additional 10 percent for retirement pay purposes (AFT 36-2803, 2.14.1.2), and the advisory from DPSID. SAFPC concurs with the recommendation to disapprove the 10 percent additional retirement pay. In addition to the explanation provided by DPSID about the policy in place in 2004, the applicant records show that the Decorations Board in Aug 04 did not approve the additional 10 percent retirement pay when they approved the award of the Silver Star. The complete SAFPC evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant is not clear whether or not the Board was able to review copies of his Silver Star citation and narrative to determine if his action met the criteria for extraordinary heroism, or only noted that the Special Order made no mention of an increase to retirement pay (approval or disapproval). Therefore, he respectfully requests a full review of his Silver Star and supporting documentation for consideration of a 10 percent increase to retirement pay. The applicant’s complete response, with attachments, is at Exhibit F. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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; however, the Air Force office of primary responsibility and SAFPC has adequately addressed the issues presented by the applicant we are in agreement with their conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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. The following members of the Board considered AFBCMR Docket Number BC-2014-02021 in Executive Session on Wednesday, 11 Mar 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 May 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 1 Aug 14. Exhibit D. Letter, SAFPC, undated. Exhibit E. Letter, SAF/MRBR, dated 24 Nov 14. Exhibit F. Letter, Applicant, dated 19 Dec 14, w/atchs.