RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02862

XXXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

He be approved for a 10 percent increase in retirement pay for heroism per his Airman’s Medal. 

APPLICANT’S CONTENTIONS

He was awarded the Airman’s Medal in 1996 and learned recently he was denied the extra 10 percent in added retirement pay for heroism.  The letter tucked behind his citation stated the Secretary of the Air Force (SecAF) determined he did not meet the criteria for the extra benefit.  In a recent discussion with a former AFBCMR staff member he was told this was in error as the extra 10 percent is usually awarded if the citation states the award was for heroism.  He requests reconsideration of the extra 10 percent in retirement pay.  If the request is granted, he asks the additional pay be applied from the date of 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).  

The applicant was awarded the Airman’s Medal for actions on 25 Jun 96.  The citation states he distinguished himself by heroism involving voluntary risk of life while deployed as a security policeman in Saudi Arabia.  On 25 Jun 96, while conducting a post check on the roof of the Khobar Tower dormitory, the applicant’s aggressive vigilance detected a possible unauthorized fuel truck approaching his perimeter.  Acting on pure instinct and without hesitation, he made an immediate decision to evacuate all personnel in the building.  During the evacuation, the truck exploded and ripped off the front of the entire building.  The applicant carried out the wounded while administering cardiopulmonary resuscitation and performing self-aid and buddy care.  

The applicant was also awarded the Purple Heart for wounds incurred on 25 Jun 96 as result of action by a hostile foreign force per special order dated 2 Aug 96.  

Per special order XXXX, dated 27 Jun 97, the applicant was awarded the Airman’s Medal for heroism involving risk of life on 25 Jun 96.   

In a memorandum dated 30 Jun 97, AFPC informed his military personnel flight (MPF) the SecAF considered the applicant for an additional 10 percent retired pay in connection with the act of heroism and determined, while courageous, it did not meet the criteria established for the additional retired pay.

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-3203, Service Retirements, Paragraph 8.11.2, Because the law is not restrictive with regard to the types of decorations that may qualify an individual for the increase in retired pay, the SecAF 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 retired pay.  

AIR FORCE EVALUATION

SAFPC recommends denial.  The application lacks new, substantive and relevant material evidence or evidence not available or known at the time the original recommendation was considered to warrant reconsideration.  

Per AFI 36-3203, paragraph 8.11., Retired Pay Increase Due to Extraordinary Heroism (Enlisted Only), active component members who had deeds of extraordinary heroism may be entitled to receive 10 percent additional retired pay if member retires under 10 U.S.C. §  9314 (10 U.S.C. §  9361).   

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 Jun 22 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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 SAFPC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes the applicant’s actions on 25 Jun 96 were heroic and he was awarded the Airman’s Medal; however, the award did not meet the criteria established in 10 U.S.C. § 9314 (10 U.S.C. § 9361) for the additional 10 percent retirement pay.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2021-02862 in Executive Session on 30 Jun 22 and 14 Jul 22:
 
 , 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 25 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, SAFPC, dated 13 Jun 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 Jun 22.

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.