IN THE CASE OF: BOARD DATE: 9 July 2021 DOCKET NUMBER: AR20210010009 APPLICANT REQUESTS: correction of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 August 1968 to show award of the Bronze Star Medal with "V" Device. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (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 the Bronze Star Medal with "V" Device was omitted from his DD Form 214. 3. On 30 April 1965, he enlisted in the Regular Army. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. On 21 November 1966, he was discharged to accept a commission. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal (1st Award) * Basic Missileman's Badge (Hawk Continuous Wave Radar Maintenance) 6. On 22 November 1966, he accepted an appointment as a Reserve commissioned officer and executed his oath of office. 7. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he received foreign service credit for service in Vietnam from 21 October 1967 through 14 August 1968. 8. He participated in the following campaigns during his service in Vietnam: * Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968 * Tet Counteroffensive – 30 January 1968-1 April 1968 * Vietnam Counteroffensive Phase IV – 2 April 1968-30 June 1968 * Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968 9. Item 21 (Awards and Decorations) of his DA Form 66 shows he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal 10. On 22 August 1968, he was relieved from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal 11. His service records are void of orders awarding him the Bronze Star Medal with "V" Device. 12. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal with "V" Device. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s record is void orders showing he was awarded the BSM with “V.” Therefore, the Board determined there is insufficient evidence to grant relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 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. ADMINISTRATIVE NOTES: The applicant is authorized correction of his DD Form 214 for the period ending 22 August 1968 to show all his previously earned awards and the following awards without Board Action: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The Board considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. When the Bronze Star Medal is awarded for valor, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. b. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to service members of the U.S. Armed Forces who served in the Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010009 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1