RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02648

	HEARING: NO

APPLICANT REQUESTS THAT:

He receive an additional 10 percent added to his retirement pay.

APPLICANT CONTENDS THAT:

He was awarded the Airmen’s Medal without the additional 10 percent to his retirement pay because it was determined there was no extraordinary heroism involved when he saved someone from a burning home.  His military record should accurately reflect the honor and discipline that he has carried into his retirement.  The applicant’s complete submission is at Exhibit A.  

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant (E-7).  

On 21 September 1966, the applicant was awarded the Airman’s Medal for heroism.  

On 27 May 1975, the applicant was notified by AFMPC/DPMARD that his request for an additional 10 percent retired pay was evaluated and it was determined he was not entitled to              10 percent additional retired pay because extraordinary heroism was not involved in the circumstance described in the citation awarding him the Airman’s Medal. For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

SAFPC-Decs recommends denying the application.  The applicant has not provided evidence of an error or injustice in the determination made by the Secretary of the Air Force that extraordinary heroism was not involved in the circumstances leading to his award of the Airman’s Medal.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 February 2017 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of SAFPC-Decs and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02648 in Executive Session on 22 May 2018:

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02648:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 June 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAFPC-Decs, dated 21 October 2016.
            Exhibit D: Notification of Advisory, AFBCMR to applicant, dated 6 February 2017

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.