BOARD DATE: 3 September 2014
DOCKET NUMBER: AR20140015115
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the DD Form 214 (Report of Separation from Active Duty) of his deceased father, a former service member (FSM), be corrected to add the Bronze Star Medal with V Device.
2. The applicant states his father, a brigadier general (BG), will be buried at Arlington National Cemetery. His DD Form 214 does not reflect the Bronze Star Medal with "V" device. The only documentation he has is a Résumé of Service Career, issued by the General Officer Management Office (GOMO).
3. The applicant provides the FSM's death certificate and a Résumé of Service Career.
CONSIDERATION OF EVIDENCE:
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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM's DD Form 214 shows, after having prior active service, he served as a commissioned officer on active duty from 16 June 1950 to 31 August 1978.
4. His DD Form 214 shows he retired on 31 August 1978 and he was placed on the Retired List in his retired grade of BG on 1 September 1978.
5. His DD Form 214 shows he was awarded or authorized, in part, the Bronze Star Medal (1st OLC).
6. The applicant provides a Résumé of Service Career, as of 21 August of an unknown year. It provides a biography of the FSM, including his assignments, military schools, education, promotions, and awards and decorations. Under the U.S. Decorations/Badges section, the Bronze Star Medal with "V" Device and 2nd OLC is listed.
7. His available records do not contain official orders awarding him the Bronze Star Medal with "V" Device. However, on 29 August 2014 the U.S. Army Human Resources Command (HRC) confirmed the FSM was approved for award of the Bronze Star Medal with "V" Device on 17 March 1951, in General Orders Number 71.
9. 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.
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. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. HRC confirmed the FSM was awarded the Bronze Star Medal with "V" Device. It is unclear if this is one of the two awards mentioned on his DD Form 214, albeit without the "V" Device, or if this is a third award that is totally not listed on his DD Form 214.
2. However, the Résumé of Service Career, provided by GOMO, supports the applicant's contention that his deceased father was awarded the Bronze Star Medal with "V" Device (2nd OLC), indicating he was awarded three awards of the Bronze Star Medal.
3. The GOMO document as corroborated by HRC is accepted as sufficient evidence to correct the FSM's DD Form 214 to show the Bronze Star Medal with "V" Device (2nd OLC).
BOARD VOTE:
___X_____ __X______ _X____ 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 deleting the Bronze Star Medal (1st OLC) and adding the Bronze Star Medal with "V" Device (3rd Award).
_______ _ X_______ ___
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20140015115
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ABCMR Record of Proceedings (cont) AR20140015115
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