RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR20040007380


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a 10 percent increase in his retired pay based
on the award of the Soldier’s Medal.

2.  The applicant states that he was part of the first American lead
helicopter assault operation in Vietnam, which involved destroying a Viet
Cong training camp and liberating over 500 Montagnard villagers from
communist oppression.
He enlisted in the Army in June 1950 and retired as a master sergeant.
Because of his combat leadership and performance, he received a battlefield
commission as a captain, and served as a captain until his retirement as a
master sergeant.  Upon reaching the 30-year mark after retirement he was
advanced to captain, the highest rank that he had held.

3.  The applicant provides a copy of the orders awarding him the Soldier's
Medal with the accompanying certificate and citation.

CONSIDERATION OF EVIDENCE:

1.  On 29 October 1973 the applicant was released from active duty as a
captain in order to enlist in the Regular Army for the purpose of
retirement.  He retired with the rank of master sergeant on 31 October 1973
with over 23 years of service.

2.  On 14 April 2003 the Total Army Personnel Command (PERSCOM) notified
the National Personnel Records Center that it had verified the applicant's
entitlement to award of the Soldier's Medal.  On that same date PERSCOM
published orders awarding him the Soldier's Medal for heroism not involving
actual combat with an enemy for his actions on 16 October 1962.

3.  The citation reflecting his heroism on 16 October 1962 states in
pertinent part, "Master Sergeant [name] distinguished himself … While
waiting for the Recovery Team another aircraft was shot down.  With utter
disregard for his own safety, Master Sergeant [name] unhesitatingly,
deliberately and fearlessly rushed to the crash site, exposing himself to
exploding ammunition and ordnance shrapnel set off by the intense heat and
thick smoke from the devastating fire of the burning aircraft, in order to
rescue the pilot.  His heroic and decisive action resulted in the rescue of
the seriously injured pilot and saved him from possible death.  [Name]
unselfish heroic conduct, incredible courage and aggressive action at great
personal risk to his life reflect great credit on himself and uphold the
finest traditions of the Special Forces and the military service."

4.  Army Regulation 600-8-22 provides policy, criteria, and administrative
instructions concerning awards.  Paragraph 1-39 states in pertinent part
that any enlisted member who is credited with extraordinary heroism in line
of duty who retires after 20 or more years active Federal service, is
entitled to 10 percent increase in retired pay, subject to the 75 percent
limit on total retired pay.  An enlisted awardee of the Soldier’s Medal may
be credited by the Secretary of the Army with extraordinary heroism only if
it determined that the heroism displayed was equivalent to that required
for award of the Distinguished Service Cross.

5.  The Soldier’s Medal is awarded to any person of the Armed Forces of the
United States who distinguished himself by heroism not involving actual
conflict with an enemy.  The same degree of heroism is required as for the
award of the Distinguished Flying Cross.  The performance must have
involved personal hazard or danger and the voluntary risk of life under
conditions not involving conflict with an armed enemy.  Awards will not be
made solely on the basis of having saved a life.

6.  The Distinguished Flying Cross is awarded to any person of the Army who
distinguished himself by heroism or extraordinary achievement while
participating in aerial flight.  The performance of the act of heroism must
be evidenced by voluntary action above and beyond the call of duty.  The
extraordinary achievement must have resulted in an accomplishment so
exceptional and outstanding as to clearly set the individual apart from his
comrades or from other persons in similar circumstances.

7.  The Distinguished Service Cross is awarded to a person who
distinguished himself by extraordinary heroism not justifying the award of
the Medal of Honor; while engaged in an action against an enemy of the
United States.  The act or acts of heroism must have been so notable and
have involved risk of live so extraordinary as to set the individual apart
from his comrades.

8.  Extracts of official citations wherein Soldiers were awarded the
Distinguished Service Cross:

      a.  "… for extraordinary heroism in action.  Landing near Ramatuelle,
France, with the first wave of the assault infantry, at 0800 hours, 15
August until halted by intense machine gun and small arms fire from a
boulder-covered hill to his front.  Leaving his men in a covered position,
he dashed forty yards through withering fire to a draw.  Using this
defiladed route, he went back toward the beaches, found a light machine gun
squad and, returning up the rocky hill, placed the machine gun in position
seventy-five yards in advance of his platoon. In the duel which ensued,
[Name] silenced the enemy weapon, killed two of the crew and wounded a
third.  As he proceeded further up the draw, two Germans advanced toward
him.  Quickly destroying both of them, he dashed up the draw alone toward
the enemy strongpoint, disregarding bullets which glanced off the rocks
around him and hand grenades which exploded fifteen yards away.  Closing
in, he wounded two Germans with carbine fire, killed two more in a fierce,
brief fire-fight, and forced the remaining five to surrender.  His
extraordinary heroism resulted in the capture of a fiercely contested enemy-
held hill and the annihilation or capture of the entire enemy garrison."

      b.  "For extraordinary heroism in connection with military operations
involving conflict with an armed hostile force in the Republic of Vietnam: 
Specialist Four [name] distinguished himself by exceptionally valorous
actions on 3 December 1968 as a medic on a reconnaissance-in-force mission
northeast of Quan Loi.  His company made contact with an estimated
battalion-size North Vietnamese Army force located in well concealed
positions and armed with automatic and semi-automatic weapons, rockets and
mortars.  Specialist [name] immediately went to the aid of his comrades
and, after evacuating all of the injured members of his element to a
medical evacuation site, rushed to the platoon which was engaged in
treating and carrying them to the evacuation point, the waist-high grass in
which several of the casualties lay was ignited by the constant enemy
barrage.  Working feverishly, he rescued the men and then used his shirt to
beat out the fire before he was forced back by the spreading flames,
suffering burns and near exhaustion.  Hearing a cry for a medic, he again
risked the weathering hostile fire to reach the stricken soldier.  He was
painfully wounded by an enemy grenade as he started to render medical aid,
but fearlessly began to pull the man to safety.  Although wounded a second
time, he still continued his attempt to remove his comrade until he was
struck a third time by the hostile fusillade and was mortally wounded."

DISCUSSION AND CONCLUSIONS:

1.  The above citations reflect extraordinary heroism and risk of life by
those Soldiers who were awarded the Distinguished Service Cross for their
actions in combat.  The examples shown should in no way be construed to
belittle the applicant's heroic conduct and incredible courage on 16
October 1962.  The applicant unhesitatingly placed himself in danger and
risked his life to save a fellow comrade, and the Board recognizes the
valor and courage that he displaced, putting his own life in danger.
However, the heroism displayed and degree of action are not equivalent to
that required for award of the Distinguished Service Cross.

2.  Consequently, the applicant is not entitled to a 10 percent increase in
retired pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___PS  __  ___SS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ______Fred Eichorn_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007380                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.14                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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