Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9708204C070209
Original file (9708204C070209.TXT) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


	IN THE CASE OF:      
	


	BOARD DATE:           14 October 1998                  
	DOCKET NUMBER:   AC97-08204

	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.

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  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 correction of military records as stated in the application to the Board and as restated herein.

	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. 

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

Similar Decisions

  • ARMY | BCMR | CY1997 | 9708204

    Original file (9708204.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. During the time the applicant served in Vietnam, legislation had not been approved for the payment of hostile fire pay. 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.

  • ARMY | BCMR | CY2004 | 2004103487C070208

    Original file (2004103487C070208.doc) Auto-classification: Approved

    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...

  • AF | BCMR | CY2005 | BC-2004-03809

    Original file (BC-2004-03809.DOC) Auto-classification: Denied

    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 | CY2006 | 20060013673

    Original file (20060013673.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2007 DOCKET NUMBER: AR20060013673 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Combat Infantryman Badge was not authorized for award during the occupation of Berlin. He would not have qualified for award of the Combat Infantryman Badge in any case.

  • ARMY | BCMR | CY2011 | 20110009701

    Original file (20110009701.txt) Auto-classification: Denied

    The applicant requests that the records of her deceased father, a former service member (FSM), be corrected to show award of the Purple Heart. The applicant states, in effect, that her father was awarded the Purple Heart as a result of injuries incurred while being interned as a prisoner of war (POW). Therefore, in the absence of sufficient evidence to show the FSM was awarded the Purple Heart or that he qualified for award of the Purple Heart there is no basis to grant the applicant’s...

  • ARMY | BCMR | CY2009 | 20090002224

    Original file (20090002224.txt) Auto-classification: Denied

    The applicant’s military personnel records contain a copy of Headquarters, Presidio of San Francisco, California, Special Court-Martial Order Number 324, dated 18 December 1964. There is no evidence of record that shows the applicant served in Vietnam at any time during his military service. The evidence of record also shows that the DD Form 214 with an effective date of 10 April 1961 documents this period of the applicant’s honorable active duty service.

  • ARMY | BCMR | CY2002 | 2002081678C070215

    Original file (2002081678C070215.rtf) Auto-classification: Approved

    The applicant requests, in effect, award of the Cold War Recognition Certificate, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Vietnam Service Medal and the Good Conduct Medal. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990...

  • ARMY | BCMR | CY2014 | 20140007725

    Original file (20140007725 .txt) Auto-classification: Denied

    The applicant states, in effect, that he elected to have his PDMRA added to his active duty time and his PDMRA was incorrectly calculated as being only 1 day instead of 25 days which denied him additional active duty time, pay and allowances for 24 additional days of leave time, 24 retirement points, 24 days of Tri-care, and 24 days of TAMP benefits. Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty under the...

  • ARMY | BCMR | CY2014 | 20140007725

    Original file (20140007725.txt) Auto-classification: Denied

    The applicant states, in effect, that he elected to have his PDMRA added to his active duty time and his PDMRA was incorrectly calculated as being only 1 day instead of 25 days which denied him additional active duty time, pay and allowances for 24 additional days of leave time, 24 retirement points, 24 days of Tri-care, and 24 days of TAMP benefits. Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty under the...

  • ARMY | BCMR | CY2008 | 20080000458

    Original file (20080000458.txt) Auto-classification: Denied

    Military Personnel (MILPER) Message 04-298, dated 28 October 2004, and effective 1 October 2004, implemented new SLA guidance for Soldiers serving in HFP/IDP by allowing Soldiers to accumulate up to 120 days of SLA and that any leave in excess of 60 days accumulated under this provision is lost if not used by the end of the third fiscal year (FY). The evidence of record shows that at that time, Soldiers were authorized to retain a 60-day leave balance year to year. The evidence of record...