IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20110024256 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous application for correction of the entry in item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (DOT) Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  As a new issue, he submits a request for a 10-percent increase in his retired pay based on his award of the Soldier's Medal.

2.  He states Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, explained his duties exactly.  Nowhere does the regulation mention "chopping wood."  That code was given to prevent him from benefiting from his heroic and honorable service in the job market at home.  It is wrong, unjust, and caused great harm.

3.  Regarding his request for an increase in his retired pay based on his award of the Soldier's Medal, he states he was awarded the Soldier's Medal for heroism in Vietnam.  On 24 November 1969, he entered retirement.  He was granted a 
60-percent service-connected disability rating from the Department of Veterans Affairs (VA).  According to Army Regulation 600-8-22 (Military Awards), he should have received a 10-percent increase in retired pay.

4.  He provides:

* a self-authored statement
* his DD Form 214
* a diploma
* newspaper clippings
* a judgment in a civil case before the U.S. District Court, Southern District of Ohio
* a list showing his employment history
* orders and a letter pertaining to his award of the Soldier's Medal
* a page from his VA Rating Decision
* correspondence he received from the U.S. Army Human Resources Command Awards and Decorations Branch

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100022726 on 7 April 2011.

2.  The applicant has submitted a new argument which was not previously considered by the Board.  The new argument warrants consideration at this time.

3.  On 24 May 1968, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty (MOS) 12A (Pioneer) and assigned to duty in Vietnam.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam in duty MOS 12A with the 1st Engineer Battalion, 1st Infantry Division, from 26 October 1968 to 2 February 1969.

5.  On 27 March 1969, Headquarters, 1st Infantry Division, issued General Orders Number 2109 announcing his award of the Soldier's Medal for heroism on 30 January 1969.  The citation states he was serving as a demolitions specialist on an operation to extract a pilot who had ejected from a plane and landed in concertina wire on the perimeter of a base camp.  Expeditious rescue of the severely-injured pilot required crossing a mine field.  In doing so, the applicant detonated a mine which seriously wounded him.

6.  On 24 November 1969, he was honorably retired by reason of permanent disability.  He completed 1 year, 6 months, and 1 day of total active service.

7.  His DD Form 214 shows in:

* item 23a (Specialty Number and Title) – 12A1O Pioneer
* item 23b – Woodchopper 940.884

8.  On 7 April 2011, the Board determined there was no basis for granting his request for a change to the entry in item 23b of his DD Form 214.

9.  Army Regulation 611-201, in effect at the time, prescribed the enlisted MOS classification structure of the U.S. Army.  It described the duties, skills, and knowledge required for each MOS.

	a.  It stated, in part, the duties of MOS 12A were to assist personnel performing construction projects in direct support of friendly combat troops and units.  This included engaging in construction and removal of tank traps, road blocks, wire entanglements, and in clearing and laying minefields and booby traps.

	b.  The regulation provided a list of related civilian occupations for each MOS.  For MOS 12A, it listed the following DOT classifications and codes:

* Blaster (Construction) – 859.281
* Construction Worker – 869.883
* Construction Equipment Operator – 850.883
* Woodchopper – 940.884

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated to enter the primary MOS code number and title in item 23a, and, if the MOS had a related civilian occupation, enter the appropriate job title and code number from the DOT in item 23b.

11.  Title 10, U.S. Code, section 3991, provides that any enlisted member who is credited with extraordinary heroism in the line of duty who retires after 20 or more years active Federal service is entitled to a 10-percent increase in retired pay subject to the 75-percent limit on total retired pay.  Army Regulation 600-8-22 states any awardee of the Medal of Honor, Distinguished Service Cross, Navy Cross, or Air Force Cross satisfies the requirement for extraordinary heroism.  An enlisted awardee of the Distinguished Flying Cross awarded for non-combat related heroism or the Soldier's Medal may be credited by the Secretary of the Army with extraordinary heroism only if it is determined that the heroism displayed was equivalent to that required for award of the Distinguished Service Cross.  These provisions affect enlisted personnel who retire and who have been credited with extraordinary heroism whether or not such heroism was displayed while the individual was serving in an enlisted status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's dissatisfaction with the related civilian occupation shown on his DD Form 214 is understandable.  As he points out, the description of MOS 12A provided in Army Regulation 611-201 does not mention "chopping wood."  Considering the duties of MOS 12A described in Army Regulation 611-201 and the associated list of related civilian occupations, it is unclear why personnel preparing the DD Form 214 would have chosen "Woodchopper."  The duties of MOS 12A involved a significant amount of manual labor, but the purpose of that labor was to assist personnel performing construction projects.  Of the related civilian occupations listed for the MOS, "Construction Worker" more accurately captures the duties of the MOS.

2.  The evidence of record shows no clear error in the entry "Woodchopper" on his DD Form 214; however, notwithstanding the Board's previous decision to deny his request, there would be no harm in correcting this item to the more apt entry "Construction Worker."

3.  By law, to receive an increase in retired pay based on award of the Soldier's Medal, an enlisted member must have retired after 20 or more years of active Federal service.  There is no exception to this provision of law for individuals retired for disability prior to completing 20 years of active Federal service.

4.  The applicant completed 1 year, 6 months, and 1 day of total active service.  Therefore, he is not entitled to an increase in retired pay based on his award of the Soldier's Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that partial relief of the applicant’s requested relief was warranted.

2.  As pertains to his request for reconsideration, the Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100022726, dated 7 April 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 23b of his DD Form 214 to show "Construction Worker 869.883."

3.  As pertains to the new issue, the Board further determined the evidence presented is insufficient to warrant the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a 10-percent increase in his retired pay based on his award of the Soldier's Medal.



      ____________X_____________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20110024256



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024256



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1