ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 June 2019 DOCKET NUMBER: AR20180016823 APPLICANT REQUESTS: Correction of his record to show he was awarded a retirement pay increase of 10% for award of the Soldiers Medal for extraordinary heroism retroactive to 1 December 1989. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Soldiers Medal Certificate, dated 29 November 1978 * Soldiers Medal citation * General Orders (GO) Number 5, dated 7 March 1979 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 1989 * Email to Headquarters, Department of the Army (HQDA) G1 * Self-authored letter to the U.S. Army Human Resources Command (HRC) * HRC letter, dated 22 June 2018 * Information paper, Soldiers Medal retirement * Soldiers Medal story 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 (ABCMR) 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 Title 10 USC, sections 3991 and 3914 states that a member credited by the Secretary of the Army with extraordinary heroism shall receive a 10% increase in retired pay. He did not know he qualified for the additional retirement pay until his friend asked him if he was receiving it. He does not know why Major General J- P- downgraded his act of heroism from extraordinary heroism, but he believes he was incorrect in doing so. 3. A review of the applicant’s service record shows the following on: * 21 June 1978 – having had prior enlisted service in the Army National Guard, the applicant enlisted in the Regular Army * 22 November 1978 – the Army Decorations Board convened, and considered, and approved the applicant for award of the Soldiers Medal for heroism, however, he was not approved for a 10% increase in retired pay * 30 November 1989 – the applicant was honorably retired from active duty, DD Form 214 shows in item 18 (Remarks) Soldiers Medal * 22 June 2018 – by memorandum, the applicant was informed by HRC Awards and Decorations Branch his award of the Soldiers Medal was not approved for the 10% increase in retired pay by the Adjutant General 4. The applicant provides: * Soldiers Medal Certificate showing the award was presented to him for heroism * Soldiers Medal citation providing details of his heroic act * GO Number 5 showing by order of the Secretary of the Army he was awarded the Soldiers Medal for heroism and the official named was Major General J- P- * Email to HQDA G1 wherein he cites his conversation with a friend and his friend provided him with criteria for award of the 10% retirement pay increase when awarded the Soldiers Medal * Self-authored letter to HRC Army Decorations Board wherein he petitioned the Army Decorations Board that his retirement pay be increased 10% for award of the Soldiers Medal * Information paper providing criteria for the Soldiers Medal and an increase of 10% of retirement pay upon retirement * Soldiers Medal story wherein the applicant provides the details of the events that led to the award of the Soldier Medal 5. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 12-5c, in effect at the time states, an enlisted member who has been awarded the Soldiers 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 to HQDA for determination of such entitlement. 6. Title 10 USC, section 3991 states, 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 members’ retired pay shall be increased by 10%. The Secretary’s determination as to extraordinary heroism is conclusive for all purposes. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the applicable regulatory guidance. The Board reviewed and discussed the citation for his award, the requirement for the degree of heroism rising to that of a Distinguished Service Cross and the policy for awarding additional retired pay. The Board appreciates the applicant’s heroic actions, but determined that they did not rise to the level required for the addition to his 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 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. AR 635-200 (Personnel Separations – Enlisted Personnel), paragraph 12-5c, in effect at the time states, an enlisted member who has been awarded the Soldiers 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 to HQDA for determination of such entitlement. 3. Title 10 USC, section 3991 states, 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 members’ retired pay shall be increased by 10%. The Secretary’s determination as to extraordinary heroism is conclusive for all purposes. ABCMR Record of Proceedings (cont) AR20180016823 2 1