RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01599

XXXXXXXXXX	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 Combat Action Medal (AFCAM).

APPLICANT’S CONTENTIONS

In 2013, while on an 11-month deployment with the Army in Afghanistan, he was awarded the Air Force Combat Action Medal (AFCAM) for his role in multiple convoys outside the wire.  Following the deployment, the applicant attended in-patient and outpatient care at Laurel Ridge Treatment Center in San Antonio, TX for Post-Traumatic Stress Disorder, and other mental health conditions.  In 2013, when he was awarded the AFCAM, the applicant was unaware of the 10% pay increase.  However, he recently discovered the additional ten (10) percent retirement pay increase attending the Transition Assistance Program (TAP) briefing.  The applicant was counseled by the Military Personnel Flight that he qualified for the additional ten (10) percent retirement pay increase for his extraordinary heroism.  The applicant is requesting a copy of the special order that authorizes the additional ten (10) percent retirement pay increase.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 5 Mar 13, the applicant was awarded the Air Force Combat Action Medal 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 23 Oct 12.

On 31 Oct 22, according to Special Orders No. XX-XXXXX, dated 8 Jun 22, the applicant will retire from active service with twenty-two (22) years, five (5) months, and thirteen (13) days of active service.

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

APPLICABLE AUTHORITY/GUIDANCE

In accordance with Air Force Instruction (AFI) 36-3203, Service Retirements, paragraph 8.11.2, the Secretary of the Air Force (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

SAF/MRBP recommends denying the application.  The applicant is requesting clarification regarding the authorization for the additional ten (10) percent retirement pay increase for the Air Force Combat Action Medal (AFCAM) he received in 2013.  There is no error or injustice because in accordance with AFI 36-3203 paragraph 8.11.2., the AFCAM is not authorized to receive the additional ten (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 12 Jul 22 for comment (Exhibit D), and the applicant replied on 12 Jul 22.  In his response, the applicant provided more details surrounding his actions during the deployment that resulted in the AFCAM.  

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 AFI 36-3203 paragraph 8.12 does not authorize the Air Force Combat Action Medal to be eligible for the additional ten (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-2022-01599 in Executive Session on 30 Aug 22 and 16 Sep 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 8 Jun 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, SAF/MRBP, dated 7 Jul 22
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Jul 22.
Exhibit E:	Applicant’s Response, dated 12 Jul 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.