RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01907

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The Meritorious Service Medal (MSM) awarded on 3 July 2007 be reviewed for consideration as an act of heroism and he be awarded a 10 percent increase in military retirement pay.

APPLICANT’S CONTENTIONS

In accordance with AFI 36-2603, Service Retirements, enlisted members who had deeds of extraordinary heroism may be entitled to receive 10 percent additional retired pay if the member retires under 10 USC 9314 (10 USC 9361).  He contends political ramifications prevented many decorations that were considered for a higher level (Bronze Star Medal (BSM)) to be given out at what was considered a lower level (MSM).  He was awarded the MSM and the Air Force Combat Action Medal (AFCAM) for heroism which should qualify him for the 10 percent increase in retirement pay.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving in the Air Force as a chief master sergeant (E-9).

On 3 July 2007, the applicant was awarded the MSM for the period of 17 February 2006 to 17 August 2006.  The MSM citation notes during Operation ENDURING FREEDOM, the applicant exposed himself to extreme personal danger as a member of the ambush and apprehension team during an offensive interdiction operation against a Taliban supported suicide bomber.  He forcibly extricated the terrorist from the vehicle, successfully overpowered the individual and then disarmed the terrorist of weapons preventing the loss of American and coalition lives at the base main entry control point, the intended target.

Documentation provided by the applicant reflects on 8 February 2008, he was awarded the AFCAM for active participation in combat, having been under direct and hostile fire or physically engaging hostile forces with direct and lethal fire, in connection with military operations on 17 February 2006 while serving with Operation ENDURING FREEDOM.

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.  The applicant contends AFI 36-2603, paragraph 8.11 indicates “enlisted members who had deeds of extraordinary heroism may be entitled to receive 10 percent additional retired pay if a member retires under 10 USC 9314 (10 USC 9361)”.  However, paragraph 8.11.2 notes “because the law is not restrictive with regard to the types of decorations that may qualify for this increased retired 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 could entitle the recipient to the increase in retired pay.”  

Even if the applicant would have been awarded the BSM, he still would not be entitled to the additional 10 percent in retired pay as such consideration is restricted to the aforementioned decorations.  Neither the MSM, nor the BSM are among those eligible for such consideration.  Accordingly, the applicant is not entitled to the additional 10 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 6 July 2021 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-2021-01907 in Executive Session on 11 January 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/atchs, dated 10 May 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, SAF/MRBP, w/atch, dated 1 July 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 July 2021.

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.