DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203704100

TRG
Docket No: 7617-98
25 May 1999

This is in reference to your application for correction of your
naval record pursuant to the provisions-of title 10 of the United
States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 May 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
In addition, the Board considered the advisory
opinion furnished by the Navy Department Board of Decorations and
Medals dated 7 April 1999, a copy of which is enclosed.

Your allegations of error and

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
concurred with the comments contained in the advisory opinion.
Accordingly, your application has been denied.
The names and
votes of the members of the panel will be furnished upon request.

In this connection, the Board substantially

It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV
OFFICE OF THE SECRETARY

Y

1000 NAVY PENTAGON
WASHINGTON. D.C. 20350-100

0

Ser 
NDBDM/lSO
April 7, 1999

Senior Member, Navy Department Board of
Medals
Chairman, Board for Correction of Naval

Decorations and

Records

REQUEST. FOR COMMENTS AND RECOMMENDATION IN THE CASE OF

(a)

SECNAV 

ltr Ser 

NDBDM/185 of 19 Feb 88

(1) SECNAVINST 1650.32 (Adjudication of Extraordinary

Heroism)

(2)  BCNR File  

w/encls

From:

To:

Subj :

Ref:

Encl:

1.

Reference (a) awarded the Navy and Marine Corps Medal to  BMCS

USN with the determination tha
be accorded the benefits of Extraordinary Heroism

upon transfer to the Fleet Reserves.
entitled to an additional 10% retainer pay and Block
Fleet Reserve   Message is   correct.

Therefore, he is not

 

#4 of the

The accordance of

"Extraordinary Heroism" is not an automatic

2.
entitlement (Enclosure (1) outlines) upon receipt of an award fo
heroism .
case by case basis
members who received   an award for heroism in regards to the STARR
incident were cited for "Extraordinary Heroism"

The Secretary of the Navy makes that determination on a
For information purposes, none of the servic

.

.

r

e

I trust this information is helpful

3.
returned as requested

.

. Enclosure (2) i

s

Enclosure s

DEPARTMENT OF

  THE  NAV Y

OFFICE OF THE SECRETARY
WASHINGTON. 0. C. 20350

.

.

‘.

. 

‘,

SECNAV INSTRUCTION 1650.32

tim

SECNAVINST 1650.32
NDBDM:CEC
June 1969
23 

From :
To:

Subj

:

Ref:

Encl:

Secretary of the Navy
Distribution List

.

.Adjudication of Extraordinary Heroism

.,

**

(a) Section 6330, Title IO, U. S. Code

(1) Criteria for adjudication of 

‘extraordinary heroism

1. Purpose. To establish revised procedures for the adjudication of
extraordinary heroism and to prescribe policy guidance and pertinent
. administrative procedures.

2.
(NOTAL) 

Cancellation. Secretary of the Navy ’s letter of 29  Ssptember 1959
.

, same subject  , is 

superseded and cancelled.

h
”

S. 

7J. 

10 

C. ‘6330 provides that each enlisted member of
3. Authority.
the Regular Navy or Regular Marine Corps who is transferred to the Fleet
Reserve or Fleet Marine Corps Reserve under this section and
been credited by the Secretary of the Navy with extraordinary heroism in
line of duty, is entitled to an increase of 10 percent in his retainer pay.

whc has
 

N Reference (a) further states that the determination of extraordinary heroism

by the Secretary of the Navy is final and conclusive for all purposes.

4. Discussion

a. 

- An

 affirmative determination that extraordinary heroism was in-

Awards approved  

volved will now be made by the Secretary of the Navy at the time the award
is processed.
recommendation as to the eligibility of the individual for the benefits
additional retainer pay; The Navy Department Board of Decorations and
Medals (NDBDM) will review all awards and, in those instances in which
extraordinary heroism is considered justified, will
recolmmendation to  the Secretary of the
Navy.
 

bjr delegated authorities ’ will contain a
*of the
 

If approved by the Secretary

fomard an affirmative
 

‘!

.

I. 
r
_-’

_ .

.P
9

._ 4

SECNAVINST 1650.32
23  June  1969
of the  Navy, the recipientwillbe advised by the Chief of Naval
Operations or the  
The NDBDM will forward those   cases 
is not considered justified to Chief of  Naval Operations 
of the Marine Corps for  retention in the individual's record.
by the  individual 
Corps Reserve, the NDBDM will again review his awards correspondence.

a+. the time of his transfer to the Fleet or Fleet Marine

Gowandant of the Marine Corps as appropriate.

inwhich extraordinary heroism

or,Commandant

If requested

b. The adjudication of extraordinary heroism for decorations awarded

prior to i mp lementation of this directive will be made when the serviceman
applies for transfer to the Fleet or Fleet Marine Corps Reserve.

5. Action.
determination of extraordinary heroism benefits:

Upon receipt the following procedures are effective for the

a. Commanders possessing delegated award authority

heroic awards approved and provide recommendation as to whether
the individual qualifies for extraordinary herois
tained in enclosure. (1).

c

m w ithin the criteria con-

- Review all

 
or  not

 

b. Chief of Naval Operations and Commandant

otthe Marine  

Corps 

 

-

(1)  When an individual applies for transfer to the Fleet or Fleet

Marine Corps Reserve, forward correspondence concerning any act of
heroism, not previously adjudicated, to the NDBDM. Every attempt
should be made to provide all supporting documents including copy of
award citation, award recommendation, witness es statements and other
documentation as appropriate..

(2) At the ti

me of application for transfer, advise the applicant

that his awards correspondence for heroism will be reviewed, although
previously adjudicated, if he
.pertinent correspondence to the NDBDM.

and if requested forward the

sq requests,

 

(3) 

ProvideXnotification  to personnel whose acts of-heroism have
been affir matively determined by the Secretary of the Navy as qualifying
for the additional retainer pay.

2

SECNAVINST 1650.32
23  June  1969

CRITERIA FOR 
-

-

ADIUDICATION OF EXTRAORDINARY HEROISM

:

1. The following
ordinary heroism:

guidelines.will be used in considering cases of

extra-

 

a. An individual whose action in line of duty is determined to have been

,him to the benefits of extraordinary heroism, is allowed
 

such as to entitle
p’dy upon his transfer to the U. S. Navy Fleet Reserve or Fleet
10% additional
 
Resenre. The basic law does not stipulate any qualifications
Corps 
Marine 
for extraordinary heroism.
prerogatives of the Secretary of the Navy.

The determination is thus left entirely within the

b. Before an individual can be considered at all for the benefits of

extraordinary heroism he-must have been-commended for a specific act (or
acts) and this commendation must be a matter of record.
need not necessarily be in connection with the award of a medal or ribbon
and need not be made by an officer more senior than the individual
manding officer, provided that the act has been properly reported by a per-
son authorized to do so.

The commendation

tQ

’s com-

C . The cases of those individuals who have fulfilled the requirements
are eligible for consideration. In making

set forth in paragraph b, above,
its recommendation to the Secretary of the 
of the benefits of extraordinary heroism in any particular case, the NDBDM
and where appropriate, the delegated authority, will examine the record to
determine which of the following questions can be answered affirmatively,
keeping in mind that the absence of an affirmative answer is not necessarily
disqualifying. When the wording of the citation or commendation is not suf-
ficiently descriptive by itself to support either a recommendation for or against
extraordinary heroism, reference is made to other official reports such as logs,
action reports and war diaries.

.. 

_’

‘Navy, for or. against the awarding

.

i

(1) Was the act or acts recognized by the award of a medal?

Although it is legal and possible to find extraordinary heroism for acts not
reco.gnized by the award of a medal, this is the exception rather than the rule.
As a rule, acts deserving to be classified as extraordinarily heroic would have
been recognized by the award of a medal.
not disqualifying.

The absence of such an a-ward is

. 

.

ENCLOSURE 

(1)

SECNAVINST 165 0.32
23  June 

1969

c. Navy Department  

Boardof Decorations  and Medals. Research

and evaluate each case received, including 
delegated authority, to determine if the individual concerned qualifies
within the criteria contained in enclosure (1) and forward its recommen-
dation to the Secretary of the Navy.

a ll  awards approved by

Distribution:
SNDL: 
24J 

A2B (NDBDM only), A3, A6,
45A, 

(CGFMFPAC only),

4lA, 

 

Under Secretary 

of the Navy

c

r

FTl, 21, 22
 
(CG 

45V, 46B  

1stMAW only)

h
t-

Copy to:
smL:  
‘A5

Ai,  

 
(BUPERS only)

A29

 

(COMPT, 

CHINFO, 

JAG, 

oui,  

0IsPD  only)

,

Stocked:
Supply and Fiscal Dept (Code 514.32)
C. 20390
Naval Station, Washington, D.
 

J.
. 

3

_

 

,

SECNAVINST 1650.32
23  June 

1969

(2)  Was the act extraordinary, in fact? Individuals are singled out

when they are given an award of any kind for heroism.
extraordinary heroism,
guished himself even above those who have already won distinction for
heroism.

 follow   that the individual must have distin-

To qualify, then, for

ld

it  

wou

.

id

(3) 

‘D

 the individual perform a worthwhile act or one that he would

have had reason to believe was worthwhile at the time? For example, need-
less and foolish risking of life or tempting of fate, would not be considered
worthwhile.

(4) Was the act performed voluntarily

?  This  

requirement should not

 

k

be applied so strictly that a person would be excluded from consideration who
in carrying out his orders does more on his own volition than could ordinarily
be expected of him under the circumstances.

(5) Did the individual choose not to seek cover or did he leave a

place of comparative safety to perform the act without direct
being forced into the more dangerous situation by circumstances over which
he had no control?

 

.orders or without

rm

(6) Had the individual not performed the act that he did perform,

\uld there be no cause for censure or blame?

A person who failed to per-

 the duties that are expected of one of his rank and experience and for

-a
which he had been trained  ‘might be considered a candidate for censure
rather than praise.

(7) Is all ’doubt removed that the act performed by the individual

may have been motivated by a desire for self-preservation alone?

d .

In summary, the delegated  ‘authority and the NDBDM,  
in

 recommending

that an individual be accorded the benefits of extraordinary heroism, should
compare his act (or acts) with other acts of heroism and believe that it stands
out  well above ordinary acts of heroism.

 

:

T

ENCLOSURE (1)

.

l  2