ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180005476 APPLICANT REQUESTS: review retirement pay records for receipt of 10 percent increase for heroism pay due to award of Soldier’s Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter dated 3 February 1998 from former service member (FSM), requesting determination of eligibility for ten percent increase in retirement pay for heroism * General Order Number 11 amendment to the Soldier’s Medal order * General Order Number 744 award of the Soldier’s Medal * DD form 214 (Certificate of Release or Discharge) dated 30 June 1982 * excerpt for twenty-year retirement law (10 USC 3914) * excerpt of Department of Defense (DoD) Financial Management Regulation volume 7B for heroism pay * marriage certificate for applicant and the FSM * cost document for FSM funeral * self-authored statement from applicant FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. She is requesting on behalf of her husband, the FSM, whom is deceased to have his retirement pay records corrected to receive back pay for a ten percent increase in pay for heroism since he was awarded the Soldier’s Medal. The FSM was awarded the Soldier’s Medal on 20 January 1970 for acts of heroism, which occurred 8 and 9 July 1969. She remembers the incident as her husband returned home that night and was very confused and disoriented. He kept saying that he was looking for the forklift, he was never the same after the incident. b. Upon the FSM’s retirement he was informed that he would receive an additional ten percent in his retirement pay for his act of heroism. On 3 February 1998, a request was submitted for determination of the heroism pay and to the applicant’s knowledge a response was never received. She believed that the FSM inquired about the request several years later and was told that is was disapproved, but never received any documentation. She is requesting a review of the FSM records and be advised on what actions were taken. 3. The applicant provides: a. Letter from the FSM dated 3 February 1998, requesting determination of eligibility for the additional ten percent increase in retirement pay due to heroism. Also if the request was approved for the Defense Finance and Accounting Service be directed to correct his retirement pay to include and back pay to 1 July 1982. b. General Order Number 744 dated 15 October 1969, that awarded the Soldier’s Medal for acts of heroism on 8 and 9 July 1968. c. General Order Number 11 dated 20 January 1970, amended General Order Number 744 to correct the first name of the awardee. d. DD Form 214 dated 30 June 1982 that shows the FSM was awarded the Soldier’s Medal. e. An excerpt of twenty-year retirement law (10 USC 3914), paragraph 12-4c, that states a Soldier who retires under 10 USC 3914 and has been awarded the Soldier’s Medal may be credited with extraordinary heroism if it is determined that the heroism was equivalent to the required for award of the Distinguished Service Cross. In all case involving extraordinary heroism. f. An excerpt of DoD Financial Management Regulation Volume 7B, section G – Heroism Pay, 10161 (Entitlement) a, states service retirement, enlisted members retired after the completion of 20 but less than 30 years of active service are eligible to received ten percent additional retired or retainer pay if credited with extraordinary heroism in the line of duty. g. Marriage certificate for the applicant and the FSM. h. Receipt for the funeral costs for the FSM. 4. A review of the FSM’s service record shows: a. He enlisted in the Regular Army (RA) on 1 May 1962. b. He was release from active duty and reassigned to the United States Army Reserve (USAR) Control Group (Reinforcement) on 30 April 1965 with an honorable characterization of service for expiration term of service. His DD form 214 shows he completed 3 years of active service. c. He reenlisted in the RA on 19 May 1965. d. He served in the Ryukyu Island, Japan from 2 October 1976 to 6 April 1970. e. He was discharged from active duty on 13 May 1968 for immediate reenlistment in the RA with an honorable characterization of service. His DD Form 214 shows that he completed 2 years, 11 months, and 25 days of active service. f. He reenlisted in the RA on 14 May 1968. g. General Order Number 744 dated 15 October 1969, awarded the FSM the Soldier’s Medal for heroism not involving actual conflict with an enemy for acts on 8 and 9 July 1969. h. General Order Number 11 dated 20 January 1970, amended General Order Number 744 correcting the awardee’s first name. i. He was discharged from active duty on 28 July 1970 for immediate reenlistment in the RA with an honorable characterization of service. His DD Form 214 shows that he completed 2 years, 2 months and 15 days of active service. j. He reenlisted in the RA on 29 July 1970. k. He was discharged from active duty on 16 June 1974 for immediate reenlistment in the RA with an honorable characterization of service. His DD Form 214 shows that he completed 3 years, 10 months and 18 days of active service. l. He reenlisted in the RA on 17 June 1974. m. The facts and circumstances surrounding his service between 18 June 1974 and 19 March 1980 are not available for the Board to review. n. He reenlisted in the RA on 20 March 1980. o. A request for determination of ten percent retired pay increase dated 16 October 1981 was sent from Fort Campbell, KY Retirement Services to United States Army Military Personnel Center (MILPERCEN) in accordance with (IAW) paragraph (Twenty-year retirement law (10 USC 3914) 12-5c, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) and paragraph (Special Entitlements) 1-37h, AR 672-5-1 (Military Awards). p. The Army Decorations Board, MILPERCEN dated 20 January 1982, determined that the circumstances surrounding the award of the Soldier’s Medal to the FSM did not fulfill the requirement for the entitlement for the ten percent increase in retirement pay IAW paragraph 1-37h, AR 672-5-1 and paragraph 12-5c, AR 635-200. The increased retirement pay was not authorized. q. He was reassigned to the USAR Control Group (Retired) on 30 June 1982 with an honorable characterization of service. His DD Form 214 shows that he completed 2 years, 3 months, and 11 days of active service. r. He was provided a DD Form 215 (Correction to DD Form 214) dated 7 January 1992, that added the Meritorious Service Medal to item number 13) Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). 5. By regulation 672-5-1, states (increase in retired pay – enlisted awardees), 10 USC 3991 provided any enlisted man who is credited with extraordinary heroism in line of duty, who retires after 20 or more years active federal service is entitled to ten percent increase in retired pay subject to the 75 percent limit on total retired pay. An enlisted awardee for 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. 6. By regulation 653-200, states an enlisted member who has been awarded the Soldier’s Medal may be credited by the Secretary of the Army with extraordinary heroism if it is determined that the heroism was equivalent to that required for award of the Distinguished Service Cross. Each case appearing to warrant secretarial determination of extraordinary heroism will be submitted for determination of such entitlements. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The FSM’s Soldier’s Medal Citation shows his heroism occurred over a 2-day period of ensuring people nearby would not be endangered. The Board recognizes the FSM’s voluntary risk of life, and determined the award was warranted. However, in regards to the 10% retirement pay increase, regulatory guidance provides the action must have been equivalent to that required for award of the DSC. The Board agreed the action within the Soldier’s Medal Citation does not reflect heroism so notable, and having involved risk of life so extraordinary as to set him apart from others. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 653-200 (Personnel Separations – Enlisted Personnel), in effect at the time, states an enlisted member who has been awarded the Soldier’s Medal may be credited by the Secretary of the Army with extraordinary heroism if it is determined that the heroism was equivalent to that required for award of the Distinguished Service Cross. Each case appearing to warrant secretarial determination of extraordinary heroism will be submitted for determination of such entitlements. 3. Army Regulation (AR) 672-5-1, in effect at the time, states (increase in retired pay – enlisted awardees), 10 USC 3991 provided any enlisted man who is credited with extraordinary heroism in line of duty, who retires after 20 or more years active federal service is entitled to ten percent increase in retired pay subject to the 75 percent limit on total retired pay. An enlisted awardee for 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. 4. 10 USC 3914, Twenty to thirty years: enlisted members, under regulations to be prescribed by the Secretary of the Army an enlisted member of the Army who has at least 20 but less than 30 years of service computed under section 3925. 5. 10 USC 3925, Computation of years of service: voluntary retirement; enlisted members, for the purpose of determining whether an enlisted member of the Army may be retired under section 3914 his years of service are computed by adding all active service in the armed forces. 6. Department of Defense Financial Management Regulation, section G- Heroism Pay, 10161 (Entitlement), in effect at the time, states (Service Retirement) enlisted members of the Army retired after the completion of 20 but less than 30 years of active service are eligible to receive ten percent additional retired or retainer pay if credited with extraordinary heroism in the line of duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005476 5 1