ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20180014847 APPLICANT REQUESTS: a retroactive 10 percent increase in his retired pay for earning the Soldier's Medal (SM). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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: * he was awarded the SM for heroism in Vietnam * in researching medals it was learned recipients of the SM are entitled to a 10 percent increase in retired pay as per Army Regulation 600-8-22 * this has not been received or computed to date * he has been retired for 35 years * he has missed a significant amount of pension funds which could be awarded retroactively * immediate adjustment to his retirement pay should commence 3. The applicant’s DD Form 214 shows: * his rank at the time of his retirement was 05, Lieutenant Colonel * his net active service this period is 18 years 21 days * his total prior active service is 1 year 11 months and 21 days * he received the SM * he was honorably released from the service on 31 August 1983 for retirement for length of service 4. His records are void of, and the applicant did not provide, the award certificate or the recommendation, which describes the event which earned him the SM. 5. Army Regulation 600-8-22 (Military Awards) states enlisted Service members who are credited with extraordinary heroism in line of duty and who retire after 20 or more years of active Federal service are entitled to a 10 percent increase in retired pay. An enlisted Soldier who is awarded the SM 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. The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a Medal Of Honor; while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing or foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. 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 their comrades. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the record. The Board discussed the regulatory requirements for the increase in retired pay: enlisted members who credited with extraordinary heroism in line of duty and; heroism must be equivalent to that required for a DSC. The Board noted that there was no description of the events resulting in the Soldier’s Medal in the record. The Board determined that the applicant was an officer upon retirement, but there is no evidence in the record of his rank/grade when he was awarded the Soldier’s Medal and that absent the citation for the award, the Board is not able to determine if his actions met the criteria warranting the increase in retired pay. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states, a. 10 USC 3991 provides that any enlisted Service member who is credited with extraordinary heroism in 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 MOH, the DSC, Navy Cross, or Air Force Cross satisfies the requirement for extraordinary heroism. An enlisted awardee of the DFC awarded for noncombat related heroism, or the SM may be credited by the SECARMY with extraordinary heroism only if it is determined that the heroism displayed was equivalent to that required for award of the DSC. 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 enlisted status. b. Enlisted recipients of any of the six decorations referred to above will complete item 14 of DA Form 2339 (Application for Voluntary Retirement) when applying for retirement. If the recipient has not previously done so, written request for determination and confirmation of entitlement to increased retired pay will be forwarded to Commander, U.S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. The request will be accompanied by a copy of the order which awards the decoration and the citation, if not included in the order. c. The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a MOH; while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing or foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. 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 their comrades. ABCMR Record of Proceedings (cont) AR20180014847 3