IN THE CASE OF: BOARD DATE: 21 April 2023 DOCKET NUMBER: AR20220008737 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the “V” Device with his Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders Number 9028, 18 December 1967, Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device 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 V Device was overlooked. He did not notice the error until recently. 3. The applicant's record contains sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show the awards listed under Administrative Notes. The Board will consider the Army Good Conduct Medal as a related award. 4. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 22 September 1966, and he held military occupational specialty 13B, Field Artillery Crewman. b. His DA Form 20 (Enlisted Qualification Record) shows: (1) He served in Vietnam, through x campaigns, from 5 March 1967 to 4 March 1968, assigned to Battery C, 1st Battalion, 7th Artillery, 1st Infantry Division. (2) He received “excellent” conduct and efficiency rating throughout his service, with the exception of an “unknown rating” on 24 March 1967. c. Headquarters, 1st Infantry Division published the following General Orders (GO) awarding him: * GO Number 5664, 6 August 1967, Army Commendation Medal, for achievement from 19 March to 2 July 1967 * GO Number 8030, 8 November 1967, Bronze Star Medal, for achievement from 18 July to 12 September 1967 * GO Number 9028, 18 December 1967, Bronze Star Medal (1st Oak Leaf Cluster) with V Device for heroism on 29 October 1967 d. He was honorably released from active duty on 20 September 1968. His DD Form 214 shows he completed 1 year, 11 months, and 29 days of active service. He was awarded or authorized: * Sharpshooter Marksmanship Badge with Rifle Bar * Vietnam Service Medal with 3 bronze service star s * Republic of Vietnam Campaign Medal * Army Commendation Medal * National Defense Service Medal * Bronze Star Medal (1st Oak Leaf Cluster) 5. His service record does not contain orders awarding him the Army Good Conduct Medal. It also does not contain derogatory information. 6. By regulation (AR 600-8-22), 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. 7. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. 8. By regulation (DA Pamphlet 672-3), the 1st Battalion, 7th Artillery was awarded the * Meritorious Unit Commendation for service from 1 November 1867 to 31 May 1968 by DA General Orders Number 17, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1069, by DA General Order Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 12 July 1965 to 7 April 1970 by DA General Order Number 53, dated 1970 BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 22 September 1966, to 20 September 1968. Based on this, the Board granted relief to correct the applicant’s records to award him the Army Good Conduct Medal. 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 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 22 September 1966 to 20 September 1968. and adding the medal to his DD Form 214 for the period ending 20 September 1968. 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 NOTE(S): A review of the applicant’s records shows he is authorized an additional award not listed on his DD Form 214 for the period ending 20 September 1968. As a result, amend his DD Form 214 as follows: * Delete: Bronze Stra Medal (1st Oak Leaf Cluster) * Add: * Bronze Stra Medal (1st Oak Leaf Cluster) with “V” Device * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * 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 600-8-22 (Military Awards) states 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. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered after 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows [during the applicant’s service in Vietnam with Company C, 1st Battalion, 7th Artillery from 5 March 1967 to 4 March 1968] this unit was awarded: * Meritorious Unit Commendation for service from 1 November 1867 to 31 May 1968 by DA General Orders Number 17, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1069, by DA General Order Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 12 July 1965 to 7 April 1970 by DA General Order Number 53, dated 1970 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008737 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1