BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20170003387 BOARD VOTE: ___x______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20170003387 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: a. awarding the former service member (FSM) the: * Bronze Star Medal with "V" Device for heroism on 7 April 1945 * Combat Infantryman Badge on 7 April 1945 * Bronze Star Medal based upon award of the Combat Infantryman Badge for service from 21 April 1944 to 6 January 1946 b. deleting award of the European-African-Middle Eastern Campaign Medal with five bronze service stars and bronze arrowhead from his WD AGO  Form 53-98; and c. adding the following awards to the FSM's WD AGO Form 53-98: * Bronze Star Medal (2nd Award) and "V" Device * European-African-Middle Eastern Campaign Medal with one silver service star and bronze arrowhead * Army of Occupation Medal with Germany Clasp * Combat Infantryman Badge __________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. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20170003387 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, the daughter of the deceased former service member (FSM), requests award of the Bronze Star Medal to her late father. 2. The applicant states her late father was issued a citation for the Bronze Star Medal, but the medal was never awarded. Her late father deserves this medal, given the actions he took as stated in the citation. 3. The applicant provides: * WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) * Honorable Discharge Certificate * Recommendation for Award * applicant's birth certificate * FSM's death certificate 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 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 that 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 WD AGO Form 53-98 shows he entered active duty on 9 September 1943. This form also shows, at the time of separation, the FSM: * held military occupational specialty 1510 (Infantry Unit Commander) in the rank of first lieutenant * he was assigned to the 504th Parachute Infantry Regiment, 82nd Infantry Division 4. His WD AGO Form 53-98 also shows he departed the continental United States (CONUS) on 31 March 1944 and he arrived in Africa and the European theater of operations on 21 April 1944. He departed Africa on 6 January 1946 and arrived in CONUS on 24 January 1946. 5. He completed 9 months and 6 days of CONUS service and 1 year, 9 months, and 24 days of foreign service. He was honorably discharged on 8 April 1946. His WD AGO Form 53-98 also shows in: * item 28 (Battles and Campaigns) – he participated in the Rome, Arno, Southern France, Ardennes, Rhineland, and Central Europe campaigns * item 29 (Decorations and Citations) – the Belgian Fourragere, American Campaign Medal, World War II Victory Medal, Distinguished Unit Badge, European-African-Middle Eastern Campaign Medal with five bronze service stars and one bronze arrowhead 6. The applicant provided a recommendation for award of the Bronze Star Medal, dated 14 November 1945, signed by the Commander, 3rd Battalion, 504th Parachute Infantry Regiment. The citation states: [Applicant], First Lieutenant, United States Army. For heroic action against the enemy on 7, April 1945, at Hitdorf, Germany. While leading his platoon across the Rhine River to attack the town of Hitdorf, where company A 504th was being very heavily hit by enemy infantry and armor, [Applicant's] boat load drifted too far down the swift stream to land with the main forces of company "I". [Applicant] organized his boat load and headed for Hitdorf. A German machine gun opened up on the group on the outskirts of the town, wounding two of [Applicant's] men. [Applicant] ordered the rest of his men to get the wounded to cover, which they did, while he creaped [sic] and crawled up to the machine gun emplacement. [Applicant] then threw a gammon grenade into the dugout completely knocking out the enemy gun, and killing five german [sic] soldiers, one other german [sic]was slightly wounded and was taken prisoner by [Applicant]. [Applicant] then proceeded toward the center of Hitdorf where he contacted the company commander of A Company. [Applicant] was given the mission then of clearing the area between the town and the river bank for the evacuation of the wounded. [Applicant] took his men and under very heavy artillery and small arms fire cleared the area of enemy, and in so doing was credited with knocking out two enemy strong points of approximately 15 men. [Applicant's] conspicuous heroism and inspiring leadership was an inspiration to his men and was in keeping with the highest standards of the United States Armed Forces. 7. There is no evidence available to indicate the above recommendation was approved and/or if orders were published awarding him the Bronze Star Medal (or a lesser/higher award). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 2. War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry. Personnel whose eligibility was thus established could qualify for award of the Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy. Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders. 3. War Department Circular Number 93, dated 24 March 1945 and effective 1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry. In addition, infantry officers, warrant officers, and enlisted men who were attached to infantry regiments, infantry battalions, and elements thereof designated as infantry of the U.S. Forces or of any of the Allied Nations' military forces were eligible for the Combat Infantryman Badge. 4. Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. Commanding officers of infantry regiments and separate infantry battalions were the award authorities. 5. War Department General Orders Number 65-46 awarded the 1st and 3rd Battalions of the 504th Parachute Infantry Regiment, 82nd Airborne Division, the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 20 September 1944. 6. Department of the Army Pamphlet 671-1 (Unit Citation and Campaign Participation Credit Register) shows the 504th Parachute Infantry Regiment, 82nd Airborne Division, received occupation credit for Germany from 2 May 1945 to 14 August 1945. 7. Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. 8. A bronze service star is awarded based on qualifying service for each campaign listed in appendix B of Army Regulation 600-8-22. This regulation authorizes bronze service stars to be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal. DISCUSSION: 1. The applicant was recommended for award of the Bronze Star Medal for heroic action against the enemy on 7 April 1945. It is unclear if the award approval authority acted on this award and/or approved or disapproved it, or downgraded or upgraded it. Nevertheless, the citation clearly indicates the FSM performed heroically on that date and would have been deserving of award of the Bronze Star Medal with "V" Device. 2. The applicant was an infantry officer assigned to an infantry unit during World War II. The citation for award of the Bronze Star Medal clearly show he was personally present and engaged the enemy with his unit on 7 April 1945. He meets the criteria for award of the Combat Infantryman Badge. 3. Based on the FSM's award of the Combat Infantryman Badge, he is also eligible for award of the Bronze Star Medal for service and correction of his WD AGO Form 53-98 to show this award. 4. The FSM participated in five campaigns during World War II and he was awarded the European-African-Middle Eastern Campaign Medal with five bronze service stars and a bronze arrowhead. A silver service star denotes five bronze service stars. As a matter of clarity, there is no harm if his five bronze service stars are substituted by a silver service star. 5. The applicant's unit also received occupation credit for Germany. He is eligible for award of the Army of Occupation Medal (Germany Clasp), which is not shown on his WD AGO Form 53-98. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003387 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003387 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2