IN THE CASE OF:  	  

		BOARD DATE:  24 March 2015	  

		DOCKET NUMBER:  AR20140012089 


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, in effect, rewording of the citation for his 1970 Soldier's Medal in order to justify the 10 percent increase in retired pay.

2.  The applicant states it does not reflect all of the facts of the danger involved in the situation and that other Soldiers might have been killed or seriously wounded had he not moved the burning munitions truck a safe distance away.  It did not describe how close the living quarters were to the rearming point.

3.  The applicant provides a copy of the orders with citation for his Soldier's Medal; letters of support from two Soldiers who were present at the time; copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that of one of his supporters; a May 1988 letter of denial from the Army Decorations Board; and a May 2013 letter from the U.S. Army Human Resources Command, Awards and Decorations Branch.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 31 May 1989, the applicant retired as a sergeant first class.  He had completed 20 years, 3 months, and 15 days of creditable service.  

3.  II Field Force Vietnam General Orders Number 3972, dated 4 October 1970, awarded him the Soldier's Medal.  The citation reads:

	Specialist Five [Applicant] distinguished himself by heroism not involving actual conflict with an armed enemy on 25 May 1970 while serving as a crew chief with Air Cavalry Troop, 11th Armored Cavalry Regiment in the Republic of Vietnam.  On this date, a helicopter was hit by a rocket, setting the area ablaze with burning fuel and endangering a truck heavily laden with ammunition.  With complete disregard for his own safety, Specialist [Applicant] ran through the holocaust of flames and exploding ordnance and removed the truck from the area.  He then extinguished the flames on the front of the vehicle. Specialist Five [Applicant's] actions were in keeping with the highest traditions of the military service, his unit and the United States Army.

4.  On 2 May 1988 the Army Decorations Board denied the applicant's request for a 10 percent increase in retirement pay based on extraordinary heroism.  A 3 May 2013 letter from the U.S. Army Human Resources Command, Awards and Decorations Branch, affirmed that decision. 

5.  Title 10, United States 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 of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based).  The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.

6.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  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 percent increase in retired pay, subject to the 75 percent limit on total retired pay.  Any awardee of the Medal of Honor, the 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 enlisted status.

	b.  The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a 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 their comrades.

7.  In support of his request, the applicant submitted letters from two eyewitnesses:

	a.  A fellow Soldier writes, "…we were watching a movie and heard a loud explosion on the flight line.  We started toward it and when [the applicant] saw the ammunition truck on fire he started running towards it.  Two Charlie model UH-1 gunships being rearmed on the flight line were also on fire and firemen and other Soldiers were trying to extinguish the fire when someone yelled, 'the truck is going to blow.'…[the applicant] immediately jumped into the burning and backed it out onto the runway and drove it a quarter of a mile down the runway.  While driving rounds were actually cooking off and rockets fizzing out of the back… a safe distance away…he jumped out and extinguished the fire with a large fire extinguisher.  It was a wonder the whole thing didn't explode while he was driving.  In my opinion, had the truck continued to burn it probably would have exploded killing or wounding many Soldiers because of the proximity to several people around the burning helicopters and troop tents were within 30 feet of the burning truck.  As it was one crew chief was severely burned…[the applicant] demonstrated extreme courage and risking his own life in moving the burning truck a safe distance…" 

	b.  A former warrant officer helicopter pilot writes that he knew the applicant as a crew chief and Aero Scout gunner.  He writes, "…I eventually chose [the applicant] as my primary gunner…[he] proved himself focused and courageous during the many time we engaged the enemy…it came as no surprise to me that 
he risked his own life on 25 May 1970 to protect his fellow soldiers from serious 


injury or death…I was in my tent and heard the sound of the explosions on the flight line…I ran outside…the aircraft and the rearm point were on fire…down the runway was an ammo truck also on fire…I later learned that the Soldier who drove the loaded and burning ammo truck away from the ammo supply point was [the applicant]…The ammo supply tent was located close to troop tents and the movie tent, twenty five to thirty feet at the most,  Had the ammo truck remained at the rearm point and had its ordnance exploded there was a possibility of a large number of injuries  and/or loss of life.  Those who were trying to extinguish the fires on the aircraft would surely have suffered injury or death.  The many Soldiers in the troop tents and the move tent were also at risk…In my opinion [the applicant] by jumping into a burning ammo truck and driving it out…committed an act of extraordinary heroism…comparable to falling on a hand grenade.  He ran toward, not away…I respectfully hope that this act of courage will be recognized for the heroic act that it was." 

	c.  The former warrant officer's DD Form 214 shows that he, himself, holds a Silver Star, the Distinguished Flying Cross with two Oak Leaf Clusters and other personal decorations.
 
DISCUSSION AND CONCLUSIONS:

1.  Based on the information contained in his official records, it is clear that the applicant's actions on 25 May 1970 were truly heroic, he voluntarily risked his own life in order to reduce the risk to others. 

2.  Awarding him the Soldier's Medal was proper considering all of the facts of the case.  However, in accordance with applicable laws and regulations, his actions, although heroic, do not warrant a 10 percent increase in retired pay.

3.  The applicant's supporters are certainly credible.  However, the facts they relate do not reveal any greater degree of heroism than is described in the citation for his Soldier's Medal.  The applicant's actions and not the proximity or number of potential casualties define the heroism involved.

4.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.




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 that 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)                                         AR20140012089





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012089



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1