IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150009802 BOARD VOTE: ____X_____ _______ ____X_ ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ____X____ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150009802 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20140004638, dated 15 April 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was authorized an increase in retired pay based on his award of the Soldier’s Medal and paying the increase in retired pay retroactive to the date he was placed on the Retired List. _____________X ___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150009802 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his earlier request for entitlement to an increase in retired pay based on his award of the Soldier's Medal. 2. The applicant states: a.  It is his understanding that his increase in retired pay for award of the Soldier's Medal was denied because it was not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is incorrect. b.  He was reminded by Major General H____ during presentation of the Soldier's Medal that it would result in a 10-percent increase in retired pay should he complete 20 or more years of service. c.  He trusted his DD Form 214 would be accurately completed upon his retirement. He was presented his discharge papers by the second lieutenant who should have been educated on accurately completing the form. The second lieutenant failed to add the appropriate verbiage. He signed the form in good faith. d.  He was informed by the Department of Veterans Affairs that he should have been entitled to an additional 10 percent in retired pay. e.  He is and will always be a dedicated American Soldier of the United States of America and asks to be treated as such by receiving the earned compensation. 3. The applicant provides a self-authored statement and Congressional correspondence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140004638 on 15 April 2014. 2. The applicant provides new arguments not previously considered that warrant consideration at this time. 3. On 10 April 1953, he enlisted in the Regular Army. 4. He was assigned to the 18th Aviation Company (Air Mobile Forward), U.S. Army Vietnam, from 12 September 1964 through 24 September 1965. 5. Headquarters, U.S. Army Vietnam, General Orders Number 1563, dated 12 November 1965, awarded him the Soldier's Medal for heroism not involving actual conflict with an armed enemy on 6 August 1965. The orders contain a narrative citation detailing the reason for the award and state, in summary: * an Air Force B-57 Canberra fighter bomber crashed and the applicant attempted to save the crew * the crew had ejected prior to the crash * he then began to evacuate civilians from the area * fuel from the ruptured fuel cells burst into flames and threatened to engulf a school adjacent to the crash site * the applicant climbed over a portion of the downed aircraft, entered the school, and began lifting the children over a wall at the rear of the school building * an explosion blocked the escape route * he lifted approximately 30 children through a broken window and led them away from the crash site to safety * he returned to the crash site, was knocked to the ground by an explosion, got up, reentered the school, and emerged with the last two children * he refused medical aid, returned to the crash site to warn newly-arrived rescue personnel away from the unexploded bombs, and observed a girl who had been abandoned as dead * he was knocked down by another explosion, got up, picked up the girl, and carried her to safety * his actions saved at least 53 children from injury and probable death 6. His DA Form 2339 (Application for Voluntary Retirement), dated 26 July 1972, shows he requested a retirement date of 1 May 1973. Item 15 (Awards) shows he placed an "X" in the box for the Soldier's Medal. Item 16 (Chronological Dates of Military Service) shows his enlisted service in the Regular Army from 10 April 1953 through 30 April 1973; he was credited with 20 years, 0 months, and 21 days of active service for retirement and for basic pay purposes. 7. On 21 March 1973, the Adjutant General of the Army approved his retirement for 1 May 1973. Paragraphs 3 and 4 of the document addressed his data for retired pay. There is no evidence showing the Adjutant General approved or addressed a 10-percent increase in his retired pay based on being credited with extraordinary heroism in the line of duty. 8. His DA Form 3713 (Data for Retired Pay), dated 4 April 1973, shows he was credited with 20 years, 0 months, and 21 days of service for voluntary retirement and basic pay purposes. Item 34 (Eligible for 10 percent Increase in Retired Pay Based on Extra Ordinary Heroism) shows an "X" in the box for "No." 9. Headquarters, Brooke Army Medical Center, Letter Orders Number 158, dated 4 April 1973, relieved him from active duty on 30 April 1973 and placed him on the Retired List in pay grade E-7 effective 1 May 1973. The special instructions contained in the orders do not show he was authorized a 10-percent increase in retired pay. 10. His DD Form 214 for the period ending 30 April 1973 shows he retired based on sufficient active Federal service for retirement. There is no entry in the remarks section that shows he was authorized a 10-percent increase in retired pay. 11. On 27 February 2014, the Chief, Plans and Operations, Awards, and Decorations Branch, U.S. Army Human Resources Command, responded to the applicant's telephonic inquiry concerning his entitlement to a 10-percent increase in retired pay. He was informed that entitlement to a 10-percent increase in retired pay based on award of the Soldier's Medal was not automatic and a one-time consideration was allowed by Army regulations. In addition, a review of his military personnel records and additional resources available to that office indicated an increase in his retired pay was not approved. REFERENCES: 1. Title 10, U.S. Code, section 3991(a)(2) (Computation of Retired Pay – Additional 10 Percent for Certain Enlisted Members Credited with Extraordinary Heroism), provides that if a member who is retired under section 3914 of this Title has been credited by the Secretary of the Army with extraordinary heroism in the line of duty, the member's retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but not more than 75 percent of the retired pay base upon which the computation of such retired pay is based). The Secretary's determination as to extraordinary heroism is conclusive for all purposes. 9. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  Paragraph 1-40 (Increased Retired Pay Based on Decorations – Enlisted Awardees) states Title 10, U.S. Code, section 3991, provides that any enlisted service member who is credited with extraordinary heroism in the line of duty and who retires after 20 or more years of active Federal service is entitled to a 10-percent increase in retired pay, subject to the 75-percent limit on total retired pay. Any awardee of the Medal of Honor, the Distinguished Service Cross, Navy Cross, or Air Force Cross satisfies the requirement for extraordinary heroism. An enlisted recipient of the Soldier's Medal or Distinguished Flying Cross awarded for noncombat-related heroism may be credited by the Secretary of the Army with extraordinary heroism only if it is determined that the heroism displayed was equivalent to that required for award of the Distinguished Service Cross. These provisions affect enlisted personnel who retire and who have been credited with extraordinary heroism whether or not such heroism was displayed while the individual was serving in an enlisted status. (1)  Any awardee of the Medal of Honor, Distinguished Service Cross, Navy Cross, or Air Force Cross satisfies the requirement for extraordinary heroism. An enlisted awardee of the Distinguished Flying Cross, awarded for non-combat-related heroism, or the Soldier's Medal may be credited by the Secretary of the Army with extraordinary heroism only if it is determined that the heroism displayed was equivalent to that required for award of the Distinguished Service Cross. These provisions affect enlisted personnel who retire and who have been credited with extraordinary heroism whether or not such heroism was displayed while the individual was serving in an enlisted status. (2)  Enlisted recipients of any of the six decorations referred to above will complete item 15 of the DA Form 2339 when applying for retirement. (3)  If the recipient has not previously done so, a written request for determination and confirmation of entitlement to increased retired pay will be forwarded to the Commander, U.S. Army Human Resources Command. The request will be accompanied by a copy of the orders that award the decoration and the citation, if not included in the orders. b.  Chapter 3 provides that U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service. (1)  Paragraph 3-2 shows the U.S. Army decorations authorized and the order of precedence, as follows: * Medal of Honor * Distinguished Service Cross * Distinguished Service Medal * Silver Star * Legion of Merit * Distinguished Flying Cross * Soldier's Medal * Bronze Star Medal * Meritorious Service Medal * Air Medal * Army Commendation Medal * Army Achievement Medal (2)  The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguishes himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor. The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades. (3)  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Service Cross. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Award of the Soldier's Medal will not be made solely on the basis of having saved a life. c.  Section II (Terms) of the glossary provides the following definitions: * heroism – extreme courage demonstrated in attaining a noble end * extraordinary heroism – act or acts of heroism or gallantry involving the risk of life – minimum level of valorous performance in combat consistent with a recommendation for the Distinguished Service Cross DISCUSSION: 1. The evidence of record shows the applicant's actions on 6 August 1965 were truly heroic and he voluntarily risked his own life in order to reduce the risk to others. 2. Awarding him the Soldier's Medal was proper considering all of the facts of the case. However, in accordance with applicable laws and regulations, his actions, although heroic, were not extraordinary and do not appear to warrant a 10-percent increase in retired pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009802 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009802 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2