RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-05131

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be authorized a 10% increase in retirement pay for extraordinary heroism as evidenced by his award of the Air Force Commendation Medal with Valor.  

APPLICANT’S CONTENTIONS

On 25 Jun 96, the applicant received the Air Force Commendation Medal with Valor and according to AFI 36-3203, Service Requirements, paragraph 7.11, Retired Pay Increase Due to Extraordinary Heroism, enlisted members who had Deeds of Extraordinary Heroism may be entitled to receive 10 percent additional retired pay.  It further states that 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.  As such, he is requesting consideration.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force chief master sergeant (E-9).

On 25 Jun 96, as noted in Special Order G-054, dated 23 Dec 96, the applicant was awarded the Air Force Commendation Medal with Valor.  

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

APPLICABLE AUTHORITY

AFI 36-3203, Service Retirements:

7.11. Retired Pay Increase Due to Extraordinary Heroism (Enlisted Only). Active component enlisted members who had Deeds of Extraordinary Heroism may be entitled to receive 10 percent additional retired pay if member retires under 10 USC §8914 (10 USC §8991). For Reserve Component enlisted members, payments for acts or deeds begin October 1, 2002 (10 USC §12739) although the act or deed may have occurred prior to this date.

7.11.1. 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. 

7.11.2. 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. 

7.11.3. 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.

As noted in paragraph 7.11.2, the SecAF evaluates the heroic actions that have earned the Silver Star, Distinguished Flying Cross (noncombat), and the Airman’s Medal, not the Air Force Commendation Medal.  

AIR FORCE EVALUATION

SAF/MRBP, recommends denying the application.  As outlined in AFI 36-3203, paragraph 7.11.2. the Air Force Commendation Medal with Valor is not eligible for consideration for the 10 percent increase in retirement pay.  

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 13 Jan 20 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.  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-2019-05131 in Executive Session on 17 Mar 20:

	, Panel Chair
	, Panel Member
	, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 4 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MRBP, dated 13 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 Jan 20.

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.