IN THE CASE OF: BOARD DATE: 29 September 2020 DOCKET NUMBER: AR20200001954 APPLICANT REQUESTS: daughter of a deceased former service member (FSM) requests award of the “V” device on his previously awarded Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO 53-98 (Military Record and Report of Separation Certificate of Service) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 29 February 1972 * Certification of Death (FSM), dated 15 November 2018 * General Orders Number 45 (Bronze Star Medal), dated 19 May 1945 * Bronze Star Medal Citation, dated 19 May 1945 * Certification of Birth (Applicant (Daughter of FSM)), FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states her father, the FSM, is buried in Arlington National Cemetery and they refuse to include the “V” device because it is not indicated on his DD Form 214. The DD Form 214 was issued when he was released from active duty although he remained in the U.S. Army Reserve (USAR) until his retirement in 1982, but no subsequent DD Form 214 was available. His Bronze Star Medal was awarded during World War II on 4 March 1945 before the “V” device was created. The orders and citation for his Bronze Star Medal both cite “heroic achievement in connection with military operations against the enemy.” Her father proudly wore the “V” device on his ribbons and it was never questioned. 3. The applicant provides the FSM’s WD AGO Form 53-98, which shows the FSM served on active duty from 14 January 1944 to 2 October 1946. It also shows: * item 28 (Battles and Campaigns): European African Middle Easter Theater Ribbon, Central Europe, and Rhineland * item 29 (Decorations and Citations): Bronze Star Medal 4. A review of the applicant’s service records show: a. He was appointed as a commissioned officer in the Army of the United States on 14 January 1944. b. His DA Form 66 (Officer Qualification Record) shows: (1) Item 17 (Foreign Service), 15 November 1944 to 31 July 1946, USAREUR (U.S. Army Europe). (2) Item 21 (Awards and Decorations): * American Campaign Medal * World War II Victory Medal * Combat Infantryman Badge * Occupation Medal (Germany) * Bronze Star Medal with handwritten “V” * Armed Forces Reserve Medal with 1st 10 year device * National Defense Service Medal * Army Reserve Component Achievement Medal c. General Orders Number 45, published by Headquarters, 69th Infantry Division on 19 May 1945 awarded the FSM the Bronze Star Medal for heroic achievement in connection with military operations against an enemy of the United States in Germany. d. He was released from active duty and transferred to the USAR on 29 February 1972. His DD Form 214 shows he completed 9 months and 22 days of active service. It also shows he was awarded or authorized: * American Campaign Medal * World War II Victory Medal * Combat Infantryman Badge * Army Campaign Medal (Germany) * Bronze Star Medal * Armed Forces Reserve Medal * Armed Forces Reserve Medal with 1st 10 year device * National Defense Service Medal e. On 12 December 1972, he received his Notification of Eligibility for Retired Pay at Age 60, which shows he completed the required years of service and was eligible for retired pay upon application. 5. By regulation, the “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy. It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor). 6. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance and found that relief was warranted. There is sufficient evidence that the applicant met the criteria for the Bronze Star Medal with “V” device for acts of heroism. The applicant served honorably in three World War II campaigns, received a CIB and his Bronze Star Medal citation states that he displayed courage and disregard for personal safety during combat operations against enemy forces and his actions resulted in successful capture of the company’s objectives. Additionally, the record copy of the applicant’s DA Form 66 records the BSM “V” in block 21. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by * amending item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-8 (Military Record and Report of Separation), dated 2 October 1946 by adding the Bronze Star Medal “V” vice Bronze Star Medal, and * amending item 24 (Decorations, Medals, etc.) of the applicant’s DD Form 214 dated 29 February 1972 by adding BSM “V” BSM. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes the policy, criteria, and administrative instructions concerning individual military decorations. Paragraph 6-5 (“V” Device) states the “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy. It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor). 3. Army Regulation 600-8-22 states in paragraph 6-5, the "V" device is a bronze block letter, V, 1/4-inch high with serifs at the top of either side of the V. It is worn to denote participation in acts of heroism involving conflict with an armed enemy. It was originally worn only on the suspension and service ribbons of the BSM to denote an award made for heroism (valor). Effective 29 February 1964, the "V" device was also authorized for wear on the AM and ARCOM for heroic acts or valorous deeds not warranting awards of the DFC or the BSM with "V" device. Effective 25 June 1963, the "V" device was authorized additionally for wear on the Joint Service Commendation Medal when the award is for acts of valor (heroism) during participation in combat operations 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001954 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1