RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04922

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Airmen’s Medal be changed to show that he was awarded an additional 10% increase in retirement pay for extraordinary heroism.

APPLICANT’S CONTENTIONS

His selfless act performed in 2006 deserves to be recognized as extraordinary heroism.  While stationed in Japan, he continuously ran into a burning senior citizens apartment building and saved over 30 lives, risking his own life, before first responders arrived on the scene.  Further, the xxxxxxx City Mayor and the Fire Marshall recognized his extraordinary heroism in a ceremony honoring him.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

Per Special Order G-096, dated 13 February 2008, the applicant was awarded the Airman’s Medal for heroism on 14  April 2006.  The applicant was also considered and not approved for an additional 10% for retirement purposes.

According to his DD Form 214, Certificate of Release or Discharge from Active Duty, on 31 October 2019, the applicant retired from active duty in the grade of technical sergeant (E-6). 

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY

AFI 36-3203, Service Retirements, Incorporating Change 1, dated 30 August 2017, states in part that since regulations require extraordinary heroism as the criterion for award of the Medal of Honor (MH), Air Force Cross (AFC), or equivalent Army or Navy decorations, these awards provide automatic entitlement to the additional 10 percent retirement pay (not to exceed 75 percent) for enlisted members.  If heroism is involved in the award of any other medal to an enlisted member, SecAF will determine, coincident to awarding the medal, whether or not the additional 10 percent retirement pay will be authorized.  

Because the law is not restrictive with regard to the types of decorations that may qualify an individual for this increase in retired pay, the SecAF has the authority to evaluate the heroic actions that have earned the Silver Star, Distinguished Flying Cross (DFC) (noncombat), and the Airman’s Medal to determine if extraordinary heroism was involved which would entitle the recipient to the increase in retired pay. 

Since 1979, enlisted members who have been awarded the Silver Star, the DFC for heroism in a noncombat action, or the Airman's Medal have been automatically considered for the additional 10 percent retired pay increase.  If they were approved for the additional 10 percent increase in retirement pay, their special order approving the decoration will include a statement to that fact.  If an enlisted member believes consideration was not made at the time the medal was awarded, the member may ask for a Secretarial decision through the AFBCMR process.

AIR FORCE EVALUATION

SAF/MRBP recommends denying the application.  The Air Force Decorations Board (AFDB) approved the applicant’s Airman's Medal on 8 February 2008, and disapproved the additional 10% increase in retirement pay.  The applicant has not provided new, substantive, and relevant material evidence that was not available or known at the time the original recommendation was considered to warrant overturning the AFDB original determination.  Information that merely adds details to what was previously provided does not meet the “new and relevant” requirement.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 February 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of SAF/MRBP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board notes that the AFDB previously considered him for the additional 10% increase in retirement pay, however, the Board finds the AFDB, who is authorized to make decisions in these matters on behalf of the Secretary, is in the best position to make this determination.  Evidence has not been provided which would lead us to believe that their decision was erroneous or unjust. Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04922 in Executive Session on 28 July 2020:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MRBP, dated 23 January 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 February 2020.

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