IN THE CASE OF:	  

		BOARD DATE:  2 January 2014

		DOCKET NUMBER:  AR20130006206 


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, the daughter of deceased former service member (FSM), requests:

	a.  item 13 (Awards) of the FSM's DA Form 2339 (Application for Voluntary Retirement) be corrected to show an "X" in the Soldier's Medal block.

	b.  a 10 percent (%) increase in his retired pay for being a recipient of the Soldier's Medal.

2.  The applicant states:

* the Soldier's Medal was awarded to the FSM in 1971
* it is a part of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1986
* Army Regulation 600-8-22 (Military Awards) outlines his entitlement to a 10% increase in retired pay
* he retired in 1986 and began requesting said increase 
* the Army did not answer his request with a denial until 2000, 14 years later
* not only was the denial not timely, there was no reason for the denial while the regulation was clear

3.  The applicant provides 18 enclosures outlined in her application.

 
CONSIDERATION OF EVIDENCE:

1.  Having prior active service in the Regular Army and inactive service in the Individual Ready Reserve, the FSM enlisted in the Regular Army on 10 March 1964.  He arrived in Vietnam on 10 August 1971.  

2.  Orders, dated 6 November 1971, show he received the Soldier's Medal for heroism on 28 October 1971 in Vietnam.  The citation states "For heroism not involving actual conflict with an armed enemy in the Republic of Vietnam.  Staff Sergeant (applicant's last name) distinguished himself by valorous actions on 
28 October 1971, while serving as a Medical Aidman with Headquarters and Headquarters Company, 26th Engineer Battalion.  On that date, several individuals who had attempted to rescue a person drowning in the heavy surf off the coast of Chu Lai were also in danger of drowning themselves.  He directed and restrained the crowd on the beach, and helped to organize the rescue efforts.  He endangered his own life in his attempts to aid the drowning individuals, and through his efforts, several of the individuals were helped to shore.  Through his timely and courageous actions, Staff Sergeant (FSM's last name) undoubtedly saved the lives of several individuals.  Staff Sergeant (FSM's last name) personal heroism, professional competence, and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, the 23d Infantry Division, and the United States Army."   

3.  He departed Vietnam on 18 April 1972.

4.  Item 13 of his DA Form 2339, dated 19 May 1986, does not show an "X" in the Soldier's Medal block. 

5.  On 31 August 1986, he retired in the rank of first sergeant.  He completed a total of 24 years, 5 months, and 21 days of creditable active service.  

6.  His DD Form 214 for the period ending 31 August 1986 shows the Soldier's Medal as an authorized award.

7.  In February 2000, the Military Awards Branch, U.S. Total Army Personnel Command, denied a request for an award of a 10% increase in retirement pay.  The letter states the Army Decorations Board considered entitlement to increased retired pay based on award of the Soldier's Medal, but the award of the Soldier's Medal and the documents provided did not substantiate a 10% increase in retirement pay.	



8.  The FSM died on 23 November 2011.

9.  Paragraph 1-40 of Army Regulation 600-8-22 states Title 10, U.S. Code, section 3991, provides 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% increase in retired pay, subject to the 75% limit on total retired pay.  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.

10.  Army Regulation 600-8-22 states the Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  

11.  Army Regulation 600-8-22 states the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for 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.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the FSM was awarded the Soldier's Medal for heroism on 
28 October 1971 and his DD Form 214 for the period ending 31 August 1986 shows this medal as an authorized award.  Therefore, his DA Form 2339 should be amended to show he received the Soldier's Medal.   

2.  Evidence also shows he retired in the rank of first sergeant on 31 August 1986 after completing over 24 years of creditable active service.

3.  The governing regulation states 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 a 10% increase in retired pay.  The regulation also states an enlisted awardee of 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.

4.  In 2000, the Army Decorations Board determined the FSM's award of the Soldier's Medal did not substantiate a 10% increase in retirement pay.  

5.  Unfortunately, the FSM's citation for award of the Soldier's Medal does not justify extraordinary heroism equivalent to that required for award of the Distinguished Service Cross.  The FSM’s heroism in successfully saving several lives is acknowledged; however, it is noted that several other individuals, even though not successful, also risked their lives in attempting the rescue.  The regulation states the act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.

6.  Regrettably, there is insufficient evidence on which to base granting the applicant's request for a 10% increase in the FSM's retired pay for being a recipient 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 the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of the FSM's DA Form 2339 to show he received the Soldier's Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to a 10% increase in his retired pay for being a recipient 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)                                         AR20130006206





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ABCMR Record of Proceedings (cont)                                         AR20130006206



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