RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03223

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded a 10 percent increase in retirement pay for heroism.

APPLICANT’S CONTENTIONS

In Feb 02, he received an Air Force Achievement Medal for heroism.  On the way home from work he arrived on the scene of a rescue attempt of a mother and baby trapped in a vehicle in up to 6 feet of flood water.  Even though he did not know how to swim he ran into chest high flash flood water to help them to safety.  In accordance with Air Force guidance, if heroism is involved in the award of medals, other than the Medal of Honor or Air Force Cross, the Secretary of the Air Force will determine if the additional 10 percent retirement pay will be authorized.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force technical sergeant (E-6).

On 27 Feb 02, the applicant was awarded an Air Force Achievement Medal for heroism, for his actions on 15 Nov 01.

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.  Active component enlisted members who had Deeds of Extraordinary Heroism may be entitled to receive 10 percent additional retirement pay if the member retires under Title 10 U.S.C. §8914.  Since regulations require extraordinary heroism as the criterion for award of the Medal of Honor, Air Force Cross, 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, the Secretary of the Air Force 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 retirement pay, the Secretary of the Air Force has the authority to evaluate the heroic actions that have earned the Silver Star, Distinguished Flying Cross (noncombat), and the Airman’s Medal to determine if extraordinary heroism was involved which would entitle the recipient to the increase in retirement pay.

Since 1979, enlisted members who have been awarded the Silver Star, the Distinguished Flying Cross for heroism in a noncombat action or the Airman's Medal have been automatically considered for the additional 10 percent retirement 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 applicant is correct about what AFI 36-3203 says about the additional 10 percent retirement pay for extraordinary heroism.  However, consideration for the additional 10 percent is restricted to only certain decorations.   AFI 36-3203 authorizes the Secretary of the Air Force to consider the additional 10 percent for certain decorations; however, the Air Force Achievement Medal is not among these decorations.  Therefore, the applicant is not entitled to the additional 10 percent 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 8 Dec 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-2020-03223 in Executive Session on 28 Jan 21:

, 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 11 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MRBP, w/atch, dated 7 Dec 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Dec 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.