RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03740

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

His heroism for award of the Bronze Star Medal with Valor be reviewed to determine his eligibility for an additional ten percent increase in retired pay.     

APPLICANT’S CONTENTIONS

He is unaware if a ten percent increase in his retirement pay is authorized or if he was considered for the increase, due to his heroism in 2004, resulting in award of the Bronze Star Medal with Valor.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 15 August 2005, according to Special Order X-XXX, the applicant was awarded the Bronze Star Medal with Valor for heroism while engaged in ground operations against an opposing armed force on 10 November 2004.  

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

AIR FORCE EVALUATION

SAF/MRBP recommends denying the application.  In accordance with (IAW) Air Force Instruction (AFI) 36-3203, Service Retirements, the Secretary of the Air Force (SecAF) is authorized to consider an additional ten percent for certain decorations.  Specifically, IAW AFI 36-3203, award of the Medal of Honor and Air Force Cross automatically entitle an enlisted member to an additional ten percent in retired pay.  The SecAF has the authority to evaluate the heroic actions of enlisted members who have earned the Silver Star, Distinguished Flying Cross (non-combat), and the Airman’s Medal to determine if extraordinary heroism was involved, which would entitle the recipient to the increase in retired pay.  Since AFI 36-3203 limits the possibility of earning the ten percent entitlement to the Medal of Honor, Air Force Cross, Silver Star, Distinguished Flying Cross (non-combat) and the Airman’s Medal, recipients of the Bronze Star Medal are not eligible for the additional ten percent retired 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 7 March 2022 for comment (Exhibit D), and the applicant replied on 16 March 2022.  In his response, the applicant contended the SAF/MRBP advisory takes AFI 36-3203 paragraphs 8.11.1 and paragraph 8.11.2 out of context.  The AFI does not limit which decorations can be eligible for the additional 10 percent retirement pay.  The advisory opinion omitted clarification of the fact that the law is not restrictive with regard to the types of decorations that may qualify an individual for the 10 percent in retired pay.  Specifically, the AFI states “any other medal,” which clearly does not preclude the Bronze Star.  Moreover, the facts highlighted in the AFI indicate there are different types of medals which qualify for the increase in retired pay if heroism was involved rather than stating there are only certain types of awards that qualify for the increase in retired pay.  

The applicant’s complete response is at Exhibit E. 

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.  The Board notes the heroism for which the applicant was awarded the Bronze Star with Valor.  However, AFI 36-3202 paragraph 8.11.2, is specific about the three decorations that are within the Secretary of the Air Force’s authority to evaluate and the Bronze Star with Valor is not one of those awards eligible to be evaluated for the additional 10 percent retirement pay.  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-2021-03740 in Executive Session on 19 April 2022:

, 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/atch, dated 1 December 2021. 
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, SAF/MRBP, dated 6 March 2022.
Exhibit D:	Notification of Advisory, to Applicant, dated 7 March 2022.
Exhibit E: Applicant Response, dated 16 March 2022.

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.