| Mr. Loren G. Harrell | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Ernest M. Willcher | Member | |
| Mr. Robert W. Garrett | Member |
APPLICANT REQUESTS: In effect, that he and all soldiers who served in Vietnam prior to 1963 be awarded retroactive hostile fire pay.
APPLICANT STATES: That he and thousands of other soldiers were not paid hostile fire pay for their service in Vietnam. He goes on to state that it was not until a few months after he returned from Vietnam that the government started paying soldiers hostile fire pay. He further states that he and others were issued combat patches and ribbons and could be members of service organizations but that they were unjustly excluded from drawing hostile fire pay while others were paid.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted on 5 October 1961. He successfully completed his training as a military policeman and was transferred to Vietnam on 13 September 1962, where he served until he was returned to Oakland, California on 19 July 1963 for separation.
On 22 July 1963 he was honorably released from active duty on 22 July 1962 and transferred to the USAR Control Group (Annual Training). He had served 1 year, 9 months, and 18 days of total active service of which 10 months and 8 days were spent in Vietnam. He was awarded the Armed Forces Expeditionary Medal for his service in Vietnam because the Vietnam Service Medal had not been established at that time.
The hostile fire pay provision was enacted as part of the Uniformed Services Pay Act of 1963, Public Law 88-132, with but one significant change from the Department of Defense proposal. The change was that hostile fire pay was authorized only as a limited war measure, authority for which was to terminate in time of war declared by Congress. Congress’s intent in this regard was clear and there were no provisions included in the legislation making it retroactive. The hostile fire pay rate was raised from $55.00 to $65.00, effective 1 September 1965 by the Act of August 21, 1965, Public Law 89-132.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. During the time the applicant served in Vietnam, legislation had not been approved for the payment of hostile fire pay. Unfortunately, the legislation was approved after the applicant had departed from Vietnam; however, there were no provisions for retroactive payment.
3. Accordingly, the Board finds that the applicant had no entitlement to hostile fire pay and there were no provisions at that time for the Department to authorize such a payment. Consequently, there was no error or injustice on the part of the Department in the applicant’s case.
4. In view of the foregoing, there is no basis for granting the applicant’s request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_EW____ __RWG _ __JS____ DENY APPLICATION
Loren G. Harrell
Director
ARMY | BCMR | CY1997 | 9708204C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In effect, that he and all soldiers who served in Vietnam prior to 1963 be awarded retroactive hostile fire pay. He goes on to state that it was not until a few months after he returned from Vietnam that the government started paying soldiers hostile fire pay. During the time the applicant...
ARMY | BCMR | CY1997 | 9711475
Public Law 96-402, dated 9 October 1980 allowed, under certain conditions, a retiree rated totally disabled by the VA to suspend his participation in the SBP. b. reimbursing the applicant the appropriate cost refund for the period 1 December 1982 – 1 October 1997; c. paying the applicant’s spouse the cost refund for the period prior to 1 December 1982 upon his death.
AF | BCMR | CY2005 | BC-2004-03809
He further stated that his C-141 aircrew had subsequently been submitted for HFP, but they were told that HQs MAC rejected their submission. They are unable to provide a relief recommendation for applicant since Rhodesia was not designated a “combat area.” A complete copy of the evaluation is at Exhibit C. ___________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ USAF/JAA recommended the requested relief be denied. While the applicant may have...
ARMY | BCMR | CY1997 | 9708226
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 6 April 1962, he submitted a second...
ARMY | BCMR | CY1997 | 9711555
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 19 November 1963, the appropriate separation authority approved the applicant’s discharge and directed he be reduced to pay grade E-1 and issued an...
ARMY | BCMR | CY1997 | 9710231
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant stated he received counsel and acknowledged he would be discharged under conditions other than honorable, under Army Regulation 635-208, and...
ARMY | BCMR | CY1997 | 9710337
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 6 May 1998 DOCKET NUMBER: AC97-10337 I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be...
ARMY | BCMR | CY2004 | 2004103487C070208
The Department of the Army has continued to acknowledge that although the applicant was improperly armed, given uniforms and was transported to Korea without proper authorization, he nevertheless had no official military status and was not entitled to any benefits as a Soldier or a civilian during the time he was held as a POW with the members of the unit that he was serving. He voluntarily deployed to a combat zone with his unit in an armed and uniformed status, without training on 4...
ARMY | BCMR | CY1997 | 9711482
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD : The...
ARMY | BCMR | CY1997 | 9711302
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...