ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  17 August 2020 DOCKET NUMBER:  AR20190013407 


APPLICANT REQUESTS: Correction of his record to show he received retired pay for extraordinary heroism. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.General Orders (GO) Number 4475, dated 18 June 1967

.GO Number 6972, dated 26 September 1967

.DA Form 3713 (Data for Retired Pay), dated 4 October 1979

.DD Form 214 (Certificate of Release or Discharge from Active Duty),


dated 30 November 1979
.Self-authored letter to the Defense Finance and Accounting Service (DFAS),


dated 23 July 2019

FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states his DA Form 3713 shows "no" pay for extraordinary heroismwas given at the time of his retirement.  He believes he is entitled to 10 percent of hisretired pay.

3.A review of the applicant's official records shows the following:

a.On 19 November 1959, the applicant enlisted in the Regular Army.

b.On 18 June 1967, GO Number 4475, issued by Headquarters, 1st InfantryDivision, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force. 

c.On 26 September 1967, GO Number 6972, issued by Headquarters, 1st InfantryDivision, awarded the applicant the Bronze Star Medal with "V" Device (2nd Award) for heroism in connection with military operations against a hostile force. 

d.On 30 November 1979, the applicant was honorably retired from active duty.  Hecompleted 6 years, 3 months, and 28 days of net active service this period with 13 years, 8 months, and 14 days of prior active service.   

4.The applicant provides in addition to the documents already referenced in his servicerecord:

a.DA Form 3713 showing the applicant requested retirement from the RegularArmy, and item 34 "eligible for 10 percent increase in retired pay based on extraordinary heroism" was marked "no." 

b.Self-authored letter to DFAS wherein the applicant requested to have his retiredpay re-evaluated/recalculated based on extraordinary heroism.  He included the GO's for his Bronze Star Medals, DD Form 214, and DA Form 3713. 

5.See applicable references below.

BOARD DISCUSSION: 

After review of the complete evidentiary record, including the applicant’s statement, the Board found insufficient evidence to grant relief. 





1.The Army awards system recognizes and reacts to distinguishing acts of valor andbravery for Soldiers.  The commander on the ground acts as a steward to ensure theproper recognition of our brave men and women.  The Army has always been fullycommitted to the responsibility of properly recognizing Soldiers for their valor, heroism,and meritorious service through a fair and consistent decorations and awards policy andprocess.2.Per regulation, an enlisted member who has been awarded the Medal of Honor,Distinguished Service Cross, or Navy Cross for extraordinary heroism will, uponretirement under Title 10, USC, section 3914, have his retired pay increased 10 percent,provided his total retired pay (including the increase) does not exceed 75 percent of thebasic pay upon which computed.3.The applicant's record shows he was cited for heroism in action against an enemy ofthe United States while engaged in military operations involving conflict with an opposingforeign force in Vietnam.  A decision was made to award him the Bronze Star Medal with“V” device for his separate actions on 1 April 1967 and 18 July 1967.

4.The Board found that, while the applicant’s actions in combat in Vietnam weredeemed heroic and he received the Bronze Star Medal for his heroic actions, byregulation he is not entitled to the pay increase.

5.The Board agreed that this in no way minimizes the applicant’s heroic actions inservice to our country.  However, there is insufficient evidence to correct the record.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX 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. 


X 

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 militaryrecords must be filed within 3 years after discovery of the alleged error or injustice.  Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) in effect atthe time states in paragraph 12-5c an enlisted member who has been awarded the
Medal of Honor, Distinguished Service Cross, or Navy Cross for extraordinary heroismwill, upon retirement under Title 10, USC, section 3914, have his retired pay increased10 percent, provided his total retired pay (including the increase) does not exceed 75percent of the basic pay upon which computed.  (A member who is retired under theprovisions of Title 10, USC, sections 1201 or 1202 and is otherwise eligible forretirement under Title10, USC, section 3914, is entitled to the 10 percent increase inretired pay based on the above criteria).  In addition, an enlisted member who has beenawarded the Distinguished Flying Cross, the Soldier's Medal, or equivalent Navydecoration may be credited by the Secretary of the Army with extraordinary heroism if itis determined that the heroism was equivalent to that required for award of theDistinguished Service Cross.

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