ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 29 October 2020 
DOCKET NUMBER: AR20200002390

APPLICANT REQUESTS: Correction of his:

*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) ending on 11 February 1970 to show the:

*	Purple Heart (3rd Award)
*	Bronze Star Medal
*	Air Medal
*	Army Commendation Medal

*	a personal hearing before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 8-275-3 (Clinical Record Cover Sheet), dated 27 October 1969
*	DD Form 214, dated 11 February 1970
   *	VA Form 07-3101 (Request for Information) 
FACTS:
1.	The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), 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's records contain orders awarding him the Purple Heart (2nd and 3rd 
Award), Army Commendation Medal and the Air Medal. The applicant's DD Form 214 
will be administratively corrected adding the above mentioned awards. The record of 
proceeding will address the applicant's request for the Bronze Star Medal.

3.	The applicant states in part, other missing medals from his DD Form 214 include the 
Bronze Star Medal.




4.	A review of the applicant's official records shows the following:

a.	On 6 February 1967, the applicant enlisted in the Regular Army.

   b.	DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of 
Assignments) during the applicant's first period of service in Vietnam he was assigned 
to B Company, 1st Battalion, 506th Infantry.

   c.	On 12 March 1969, the applicant's immediate commander completed a 
memorandum stating the applicant did receive the Bronze Star Medal. Due to 
confusion the award was sent to the applicant's gaining organization through 
Department of the Army.

   d.	On 11 February 1970, the applicant was honorably released from active duty. He 
was awarded or authorized:

*	National Defense Service Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Vietnam Campaign Medal
*	Vietnam Service Medal
*	Three overseas bars
*	Purple Heart
*	Combat Infantryman Badge
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Parachutist Badge

   e.	On 30 April 1971, Department of the Army, Office of the Adjutant General, 
completed a memorandum of transmittal of award elements stating the attached 
envelope containing award elements for the applicant was forwarded for inclusion for 
the Bronze Star Medal.

   f.	The applicant's records are void of any orders awarding him the Bronze Star 
Medal.

5.	The applicant provides:

   a.	DA Form 8-275-3 showing the applicant sustained injuries qualifying him for 
award of the Purple Heart.

b.	VA Form 07-3101 showing the applicant requested his medical records.

6.	See applicable references below.




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined it 
could reach a fair and equitable decision in the case without a personal appearance by 
the applicant.

The Board also determined partial relief was warranted. One potential outcome 
discussed was to grant all requested relief. However, based upon the orders found 
within the military service record of the applicant, the Board concluded there was 
sufficient evidence to show that the applicant received two additional Purple Hearts (for 
a total of three), an Air Medal and an Army Commendation Medal which are not 
reflected on his DD Form 214. However, based upon a lack of documentation to show 
that the applicant was approved for a Bronze Star Medal, the Board found the letter 
from his company commander was insufficient to add it to his DD Form 214. The Board 
found that the applicant may have been submitted for a BSM, but it may have been 
downgraded.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X
:
:
GRANT FULL RELIEF
:
:X
:X
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.	The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief. As a result, the Board recommends that all 
Department of Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 by:

*	removing “Purple Heart”
*	adding “Purple Heart (2nd Oak Leaf Cluster)”
*	adding “Army Commendation Medal”
*	adding “Air Medal”

2.	The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief. As a result, the Board recommends denial of so much of 
the application that pertains to awarding and/or adding the Bronze Star Medal.


 X	
CHAIRPERSON
Signed by: WHITE.WILLIAM.1043255734
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, USC, 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 (AR) 600-8-22 (Military Awards) states 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.




3.	AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in 
its discretion, hold a hearing or request additional evidence or opinions. Additionally, it 
states in paragraph 2-11 that applicants do not have a right to a hearing before the 
ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice 
requires.

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