IN THE CASE OF: BOARD DATE: 29 August 2023 DOCKET NUMBER: AR20220010799 APPLICANT REQUESTS: the DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased husband, a former service member (FSM), be corrected to show 4 awards of the Bronze Star Medal, 2 of which for Valor. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • General Orders Number 7808 and certificate, Bronze Star Medal with V Device, 3 July 1970 • General Orders Number 12362 and certificate, Bronze Star Medal with V Device, 10 September 1970 • Citation, Bronze Star Medal, 1 July 1070 to 31 October 1970 • Certificate, Bronze Star Medal, February 1970 to January 1971 • Death Certificate • Marriage Certificate 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 only one award of the Bronze Star Medal is annotated on the FSM’s DD Form 214; he was awarded 4 awards, 2 of which for valor. The FSM served his country honorably and with valor throughout his career. It is only right that his discharge should reflect the service he gave to our country. 3. Review of the FSM’s available service records shows: a. He was inducted into the Army of the United States on 21 August 1969. He held military occupational specialty (MOS) 11B, Light Weapons Infantryman. enlisted in the b. He served 20 February 1970 to 3 January 1971, assigned to Company B, 1st Battalion, 20th Infantry, 23rd Infantry (Americal Division). He was credited with an overseas tour. c. He was honorably discharged on 14 September 1971 for immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he was awarded or authorized: • National Defense Service Medal • Bronze Star Medal • Vietnam Service Medal • Army Commendation Medal • Combat Infantryman Badge d. He reenlisted in the Regular Army on 15 September 1971. He served in Germany from September 1972 to September 1974, and he was credited with an overseas tour. e. He was honorably discharged on 22 July 1974 for immediate reenlistment. His DD Form 214 (Report of Separation from Active Duty) for this period shows he was awarded or authorized: • National Defense Service Medal • Bronze Star Medal • Vietnam Service Medal • Army Commendation Medal • Combat Infantryman Badge • Vietnam Campaign Medal • Good Conduct Medal (1st Award) f. He reenlisted in the Regular Army on 23 July 1974. He served through additional reenlistments, in a variety of stateside or overseas assignments, including: • Korea, from 12 May 1978 to 6 May 1969, credited with an overseas tour • Germany, 26 February 1985 to around 25 February 1988, credited with an overseas tour g. He retired on 30 September 1991 with over 22 years of honorable active service. He was issued a DD Form 214 that consolidated all his active service from 21 August 1969 to 30 September 1991. This DD Form 214 show she was awarded or authorized: • Army Service Ribbon • National Defense Service Medal (2nd Award) • NCO professional Development Ribbon with Numeral 2 • Good Conduct Medal (6th Award) • Army Achievement Medal (1st Oak Leaf Cluster) • Army Commendation Medal (1st Oak Leaf Cluster) • Meritorious Service Medal • Vietnam Service Medal with 2 bronze service stars • Republic of Vietnam Campaign Medal • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Bronze Star Medal with V Device • Overseas Service Ribbon with Numeral 4 • Expert Marksmanship Badge with Rifle Bar • Drill Sergeant Identification Badge Note: Missing from his retirement DD Form 214 is the Combat Infantryman Badge. 4. The applicant provides: a. General Orders Number 7808 and certificate, issued by Headquarters, Americal (23rd Infantry) Division, on 3 July 1970 awarding the FSM the Bronze Star Medal with V Device for heroism on 5 April 1970 in Vietnam. b. General Orders Number 12362 and certificate, issued by Headquarters, Americal (23rd Infantry) Division, on 3 July 1970 awarding the FSM the Bronze Star Medal with V Device (1st Oak Leaf Cluster) for heroism on 21 July 1970 in Vietnam. c. Citation (no General Orders and no certificate), reflective of award of the Bronze Star Medal (Third Oak Leaf Cluster) for meritorious achievement in support of military operations in the Republic of Vietnam from 1 July 1970 to 31 October 1970. d. Certificate (no General Orders), signed on 10 January 1971 (by the Commanding General of 23rd (Americal) Infantry Division) reflective of award of the Bronze Star Medal (Fourth Oak Leaf Cluster) for meritorious achievement in ground operation in the Republic of Vietnam from February 1970 to January 1971. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the FSM was awarded five awards of the BSM, two of which with a V Device for heroism supported by general orders. Although more than one award of the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals. Additionally, despite the absence of general orders for the other three awards, the Board accepted the certificate (which states 4th Oak Leaf Cluster) and citation as sufficient evidence to show the FSM was awarded the requested awards. Furthermore, based on his service in Korea, the FSM qualifies for award of the Korea Defense Service Medal. Finally, due to an administrative oversight, the Combat Infantryman Badge was inadvertently omitted from the applicant’s retirement DD Form 214. 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 his DD Form 214 ending on 30 September 1991 as follows: • Delete the Bronze Star Medal with V Device • Add the Bronze Star Medal (5th Award) and V Device, Korea Defense Service Medal, and Combat Infantryman Badge 8/29/2023 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, 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 600-8-22 (Military Awards) states: a. The Bronze Star Medal is awarded in time of war for heroism and for 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals. c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. //NOTHING FOLLOWS//