RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-04944

(DECEASED)		COUNSEL:  

(APPLICANT)	HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  Her deceased husband’s DD Form 214, Report of Separation from Active Duty, issued in conjunction with his 1 Aug 76 retirement, be amended to reflect award of the Airman’s Medal (AmnM).

2.  Her deceased husband’s records be reconsidered for an additional 10 percent of retirement pay based on the award of the AmnM.

APPLICANT CONTENDS THAT:

Her husband never received the additional 10 percent retired pay increase authorized to him by virtue of being awarded the AmnM for heroism.

In support of her requests, the applicant provides copies of the decedent’s DD Forms 214, the AmnM Special Order and Citation.

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

STATEMENT OF FACTS:

According to the decedent’s DD Form 4, Enlistment Record –United States, on 15 Sep 54, he entered the Regular Air Force.

According to Special Order (SO) G-116, dated 29 Aug 63, the member was awarded the AmnM for heroism involving voluntary risk of life on 29 Apr 62.

The member’s DD Form 214, dated 9 Dec 66, reflects “AMNM SO G-116 DAF 1963,” in Block 26, “Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized.”

On 1 Aug 76, the member retired from active duty and was credited with 21 years, 7 months and 21 days of total active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DPSID recommends the Air Force Decorations Board consider the next of kin's request and review the awarded AmnM for consideration of the additional 10 percent.  Absent any annotation on SO G-116, it appears the former member was not approved for the increase; however, to preclude any doubt if the member was/was not approved for the additional 10 percent increase in retirement pay, request the approval authority review and advice on the additional 10 percent.

DPSID were able to verify award of the AmnM and it is currently annotated on the member’s DD Form 214 as "AMNM SO G-116 DAF 1963."  Therefore, no update is required.  However, there is no statement on SO G-116 stating the member was awarded the additional 10 percent increase in retirement pay.

AFM 900-3, dated 20 Nov 69, states in part that any regular enlisted member of the Air Force retired under Title 10 United States Code 8914 credited with extraordinary heroism in the line of duty, is entitled to a 10 percent increase in retired pay, provided the total retired pay does not exceed 75 percent.  A determination that extraordinary heroism was or was not involved will be made by the Secretary of the Air Force at the time the award is processed.  The following decorations will be considered for the additional 10 percent retirement pay at the time the award is processed:  the Silver Star, Distinguished Flying Cross (when awarded for heroism in a noncombat action) and the AmnM when awarded for heroism in a non-combat action.  If the final determination is made that the factor of extraordinary heroism was involved, a Department of the Air Force special order will be issued confirming entitlement to the additional retired pay.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

SAF/MRBP recommends denial of the applicant’s request for an additional 10 percent in her husband’s retirement pay.  The award citation provided by the applicant does not provide enough information to approve the additional 10 percent in retirement pay.  A future Decorations board review would require additional documentation such as the award narrative, witness statements or news articles to justify an additional 10 percent retirement pay for extraordinary heroism.

A complete copy of the SAF/MRBP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates her claim that her deceased husband is entitled to a 10 percent increase in retirement pay and should have been receiving this increase based on his act of courage and heroism while assigned to Eglin Air Force Base, Florida.  

In further support of her request, the applicant provides copies of newspaper articles describing the event:  Approval of Recommendation for Award of the AmnM, the Citation to Accompany the Award of the AmnM, SO G-116, dated 29 Aug 63, Award of the AmnM, dated 29 Apr 62 and various other documents associated with her request.

The applicant’s complete response, with attachments, is at Exhibit F.

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP recommends denial indicating they reviewed the applicant’s rebuttal submission and found that this information was available when the award was first considered for approval.  As such, it does not support overturning the original decision to not award the additional 10 percent in retirement pay.

A complete copy of the additional SAF/MRBP evaluation is at Exhibit G.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant’s counsel argues that AFI 36-2803, The Air Force Awards and Decorations Program, states that the Secretary of the Air Force Personnel Council (SAFPC) determines entitlement to 10 percent increase in retirement upon approval when the AmnM is awarded to enlisted members for extraordinary heroism.  Although the former service member’s AmnM does not use the word “extraordinary,” it is obvious from the language of the citation that it was for “extraordinary” heroism.

In a subsequent response, dated 1 Apr 16, the applicant’s counsel argues that the former service member’s actions constitutes extraordinary heroism, by any reasonable application of common sense.  Counsel states that the applicant has shown by a preponderance of the evidence, that to deny the relief requested would constitute a continuing error or injustice which the Board has a statutory duty to correct.

A complete copy of the applicant’s counsel response, with attachments, is at Exhibit I.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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, including the applicant and counsel’s rebuttal, in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force Office of Primary Responsibility (OPR) and the Secretary of the Air Force Personnel Council and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We note the comments of AFPC/DPSID indicating the former service member’s award of the AmnM is annotated on his DD Form 214 therefore, no update is required.  Additionally, while we acknowledge the applicant’s request to increase her deceased husband’s retirement pay due to him receiving the AmnM, we do not believe she has demonstrated evidence of an injustice as compared to others similarly situated as the former service member.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2014-04944 in Executive Session on 12 May 16 under the provisions of AFI 36-2603:

				    , Panel Chair
				   , Member
				    , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04944 was considered:

	Exhibit A.  DD Form 149, dated 2 Dec 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 1 Jul 15.
	Exhibit D.  Memorandum, SAF/MRBP, dated 24 Nov 15.
	Exhibit E.  Letter, AFBCMR, dated 2 Dec 15.
	Exhibit F.  Letter, Applicant, dated 18 Dec 15, w/atchs.
	Exhibit G.  Memorandum, SAF/MRBP, dated 29 Feb 16.
	Exhibit H.  Letter, AFBCMR, dated 2 Mar 16.
	Exhibit I.  Letter, Counsel, dated 28 Mar 16 and 1 Apr 16,
  w/atchs.
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