IN THE CASE OF:	  

		BOARD DATE:  25 September 2012

		DOCKET NUMBER:  AR20120005907 


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 entitlement to 10 percent heroism pay in addition to his retired pay by virtue of receiving the Presidential Unit Citation for extraordinary heroism.

2.  The applicant states:

* he was individually recognized in October 2009 by award of the Presidential Unit Citation for extraordinary heroism on 26 March 1970 in Vietnam
* in accordance with all applicable regulations, directives, codes, and the Institute of Heraldry, the Presidential Unit Citation is equivalent to the Distinguished Service Cross
* the Presidential Unit Citation is considered an individual award for those who actually participated in the cited action "credited by the Secretary of the Army being the key [phrase]"
* nowhere does it state or imply that the Medal of Honor, Distinguished Service Cross, Navy Cross, and Air Force Cross are the only awards that qualify for the 10-percent increase in retired pay – they are examples of automatic qualification
* the key is "credited, determined, or recognized by the Secretary of the Army with extraordinary heroism"

3.  The applicant provides:

* denial letter from the U.S. Army Human Resources Command (HRC)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* Orders 170-209 (retirement orders)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number 20090012820
* Department of the Army General Orders Number 2011-05 (Presidential Unit Citation)
* Special Orders Number 260 (assignment to the 11th Armored Cavalry Regiment)
* Special Orders Number 262 (assignment to Troop A, 1st Squadron, 11th Armored Cavalry Regiment)
* Presidential Unit Citation, Army (Troop A, 11th Armored Cavalry)
* Senate Proclamation Certificate (individual recognition of Presidential Unit Citation)
* State Representative letter of congratulations (individual recognition of Presidential Unit Citation)
* extract of Title 10, U.S. Code, section 3991
* printout of Presidential Unit Citation, Army, from the Institute of Heraldry website
* extract of Army Regulation 600-8-22 (Military Awards)
* extract of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia)
* extract of Armed Forces Decorations and Awards
* Interim Change R 06-03, Department of Defense Financial Management Regulation, volume 7B, chapter 1
* photographs of the President of the United States presenting members of Troop A, 1st Squadron, 11th Armored Cavalry Regiment, with the Presidential Unit Citation
* photographs of Pentagon award ceremony

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was inducted into the Army of the United States on 24 March 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

2.  He served in Vietnam from 14 September 1969 to 13 September 1970.  He was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment.

3.  He served in MOS 11E (Armor Crewmember) and 76P (Materiel Control and Accounting Specialist) through multiple reenlistments in a variety of stateside and overseas assignments and he attained the rank/grade of sergeant first class (SFC)/E-7.

4.  He was honorably retired on 31 March 1992 and placed on the Retired List in the rank/grade of SFC/E-7 on 1 April 1992 under the authority of Title 10, U.S. Code, section 3914.  He was credited with 23 years and 7 days of active service.

5.  His DD Form 214 for the period ending 31 March 1992 shows he was awarded or authorized the:

* Combat Infantryman Badge
* Bronze Star Medal
* Purple Heart (2nd Award)
* Meritorious Service Medal (3rd Award)
* Army Commendation Medal with "V" Device
* Army Commendation Medal (5th Award)
* Army Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Republic of Vietnam Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation
* Vietnam Service Medal
* two overseas service bars
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Good Conduct Medal (7th Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award

6.  On 6 February 2006, he was issued a DD Form 215 that deleted the Bronze Star Medal from his DD Form 214 for the period ending 31 March 1992 and added the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster.

7.  On 15 April 2009, the Secretary of the Army awarded Troop A, 11th Armored Cavalry Regiment, the Presidential Unit Citation for extraordinary heroism in military operations against an armed enemy in Vietnam on 26 March 1970.

8.  On 20 October 2009, the applicant and other veterans participated in a White House ceremony followed by a Pentagon ceremony during which the President of the United States and the Under Secretary of the Army praised veterans of the 11th Armored Cavalry Regiment for their heroism on 26 March 1970.

9.  On 1 April 2010, as a result of ABCMR Docket Number AR20090012820, dated 16 February 2010, he was issued a DD Form 215 that added the Presidential Unit Citation to his authorized awards.

10.  On 24 June 2011, Department of the Army published General Orders Number 2011-05 awarding the Presidential Unit Citation to Troop A, 1st Squadron, 11th Armored Cavalry Regiment.  The citation states in part, "Troop A, 11th Armored Cavalry Regiment distinguished itself on 26 March 1970 by extraordinary heroism and conspicuous gallantry against an armed enemy."

11.  On 17 February 2012, the HRC Awards and Decorations Branch notified the applicant by letter that HRC was unable to verify his entitlement to an increase in retired pay since award of the Presidential Unit Citation is not a qualifying award for an increase in retirement pay.

12.  Title 10, U.S. Code, section 3991, states that if a member who is retired under section 3914 of this title has been credited by the Secretary of the Army with extraordinary heroism in the line of duty, the member's retired pay shall be increased by 10 percent (but not more than 75 percent of the retired pay base upon which the computation of such retired pay is based).

13.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-4, implements Title 10, U.S. Code, section 3914, which governs the 20-year retirement by a Soldier of the Regular Army, Army National Guard of the United States, or U.S. Army Reserve.  It states a request for retirement may be submitted by a Soldier who has completed 20 years but less than 30 years of active Federal service in the U.S. Armed Forces.  Approval of the request for retirement will be at the discretion of the Secretary of the Army.

14.  Army Regulation 635-200, paragraph 12-4(c), states that a Soldier who retires under Title 10, U.S. Code, section 3914, and has been awarded the Medal of Honor, Distinguished Service Cross, or Navy Cross for extraordinary heroism will have his/her retired pay increased by 10 percent.  However, the total retired pay (including the increase) may not exceed 75 percent of the basic pay upon which computed.  A Soldier who has been awarded the Distinguished Flying Cross, Soldier's Medal, or the equivalent Navy decoration may be credited with extraordinary heroism if it is determined that the heroism was equivalent to that required for award of the Distinguished Service Cross.  In all cases involving extraordinary heroism, a copy of the order that awards the decoration and the separate citation, if not contained in the order, will be submitted to Headquarters, HRC, for verification and determination.  Previous letters of determination, more than 2 years old, will be submitted for confirmation and will be accompanied by the order awarding the decoration.

15.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, the Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

	a.  Paragraph 1-13 (Categories of Individual Awards) states individual awards are grouped into the following categories:  decorations, Good Conduct Medal, campaign and service medals, service ribbons, badges and tabs, and certificates and letters.

	b.  Paragraph 1-40 (Increased Retired Pay Based on Decoration – Enlisted Awardees) states that 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.  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.

	c.  Chapter 3 (U.S. Army Individual Decorations) states U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.  The glossary defines a "decoration" as a distinctively designed mark of honor denoting heroism or meritorious/outstanding service/achievement for individuals and units.  The authorized individual U.S. Army decorations are the Medal of Honor, Distinguished Service Cross, Distinguished Service Medal, Silver Star, Legion of Merit, Distinguished Flying Cross, Soldier's Medal, Bronze Star Medal, Purple Heart, Meritorious Service Medal, Air Medal, Army Commendation Medal, and Army Achievement Medal.

	d.  Paragraph 7-1 states awards are made to organizations when the heroism displayed or meritorious service performed is a result of the group effort.  The following unit awards are authorized as recognition of certain types of service, usually during war, as a means of promoting esprit de corps:  unit decorations; campaign participation credit and campaign streamers, and war service credit (war service streamers, smaller streamers, and infantry and medical streamers).  U.S. unit decorations are the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, and Army Superior Unit Award.

	e.  The Distinguished Unit Citation is the predecessor of the Presidential Unit Citation (Army).  On 3 November 1966, the Distinguished Unit Citation was redesignated the Presidential Unit Citation (Army).  The Presidential Unit Citation is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign.  The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual.  Extended periods of combat duty or participation in a large number of operational missions, either ground or air, is not sufficient.  This award will normally be earned by units that have participated in single or successive actions covering relatively brief time spans.  It is not reasonable to presume that entire units can sustain Distinguished Service Cross performance for extended periods except under the most unusual circumstances.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration.  The Secretary of the Army, on behalf of the President of the United States, is the final approval authority for Presidential Unit Citation.

	f.  Section II (Terms) defines "extraordinary heroism" as an act or acts of heroism or gallantry involving the risk of life – minimum level of valorous performance in combat consistent with a recommendation for the Distinguished Service Cross.

	g.  Section II defines "heroism" as extreme courage demonstrated in attaining a noble end.  Varying levels of documented heroic actions are necessary to substantiate recommendations for the Bronze Star Medal with "V "Device, Air Medal with "V" Device, and Army Commendation Medal with "V" Device.  The phrase "in connection with military operations against an armed enemy" covers all military operations including combat, support, and supply which have a direct bearing on the outcome of an engagement or engagements against armed opposition.  To perform duty, or to accomplish an act or achievement in connection with military operations against an armed enemy, the individual must have been subjected either to personal hazard as a result of direct enemy action, or the imminence of such action, or must have had the conditions under which his or her duty or accomplishment took place complicated by enemy action or the imminence of enemy action.

DISCUSSION AND CONCLUSIONS:

1.  Troop A, 1st Squadron, 11th Armored Cavalry Regiment, the applicant's unit of assignment in Vietnam, was awarded the Presidential Unit Citation for distinguishing itself by extraordinary heroism and conspicuous gallantry against an armed enemy on 26 March 1970.

2.  Contrary to the applicant's belief that the Presidential Unit Citation is an individual award, it is a unit award that is normally earned by units that have participated in single or successive actions covering relatively brief time spans.

3.  He also contends that in accordance with all applicable regulations, directives, codes, and the Institute of Heraldry, the Presidential Unit Citation is equivalent to the Distinguished Service Cross.  However, more specifically, the criteria requires that the "collective action(s)" of all individuals who participated in the action(s) is/are of such a degree equal to the action(s) of an individual who is cited for award of the Distinguished Service Cross.

4.  Contrary to his belief that nowhere does it say that specific awards are the only awards that qualify for the 10-percent increase, Army Regulation 635-200 – the regulation that implements Title 10, U.S. Code, section 3914, which authorized the applicant's retirement – is clear in that a Soldier who retires under Title 10, U.S. Code, section 3914, and has been awarded the Medal of Honor, Distinguished Service Cross, or Navy Cross for extraordinary heroism will have his/her retired pay increased by 10 percent.  A Soldier who has been awarded the Distinguished Flying Cross, Soldier's Medal, or an equivalent Navy decoration may be credited with extraordinary heroism if it is determined that the heroism was equivalent to that required for award of the Distinguished Service Cross.

5.  While the Presidential Unit Citation is in fact awarded by the Secretary of the Army in recognition of a unit's actions on behalf of the President of the United States, the law regarding 10 percent heroism pay rewards individuals – not units – who are credited with extraordinary heroism.  As such, the Presidential Unit Citation does not meet statutory or regulatory requirements for award of additional individual retired pay.

6.  In the absence of an individual decoration that specifically recognizes the applicant for extraordinary heroism, there is no evidence in his records and he provides none to support his entitlement to an additional 10 percent in retired pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ____X___  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______________
                 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)                                         AR20120005907



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ABCMR Record of Proceedings (cont)                                         AR20120005907



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