IN THE CASE OF: BOARD DATE: 16 September 2021 DOCKET NUMBER: AR20210008187 APPLICANT REQUESTS: to be awarded the Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 11 March 1954 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 states he was previously awarded the Combat Infantryman Badge for his service during the Korean War; however, he was never awarded the Bronze Star Medal. He contests that he was recently advised that Soldiers that participated in World War II with the Combat Infantryman Badge were also awarded the Bronze Star Medal and he would like the same consideration. 3. On 26 March 1951, the applicant enlisted in the Regular Army. 4. The applicant's personnel records reflect combat service in Korea. On 7 October 1951, the applicant was wounded in action while serving in Korea. 5. On 11 March 1954, the applicant was honorably discharged. His DD Form 214 shows he received the following awards and decorations: * Purple Heart * Combat Infantryman Badge * Korean Service Medal with one bronze service star * Overseas Service Bar * United Nations Service Medal * Army of Occupation Medal (Germany) * National Defense Service Medal * Army Good Conduct Medal BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The regulatory provision authorizing award of the Bronze Star Medal based on an award of the Combat Infantryman Badge is limited to Soldiers who received the Combat Infantryman Badge during the period 7 December 1941 and 2 September 1945. This provision did not extend to the Korean War. The Board determined the available evidence provides an insufficient basis for awarding the Bronze Star Medal to the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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) provides that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or 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. Title 10, USC, section 1133 limits award of the Bronze Star Medal to service members receiving imminent danger pay, hostile fire pay or hazardous duty pay and members of a friendly military force who are serving in a geographic area in which special pay is authorized. Prior to 7 January 2016, awards may be made to recognize single acts of merit or meritorious service. The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction. a. The Bronze Star Medal may also be awarded for meritorious service under combat conditions that is of a lesser degree than that required for award of the Legion of Merit. Regulatory guidance also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. b. The Bronze Star Medal is further 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. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. This provision did not go into effect until 10 September 1947. c. Award of the Bronze Star Medal from these documents will not negate the original award or the Combat Infantryman Badge or the Combat Medical Badge. Documents executed since 4 August 1944 in connection with recommendations for the award of decorations of higher degree than the Bronze Star Medal will not be used as the basis for an award under this paragraph. 3. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. All available records will be used as a basis for the preparation of DD Form 214, including DA Form 20 (Enlisted Qualification Record) and orders. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the issued DD Form 214 will contain all decorations, service medals, campaign credits and badges awarded or authorized from Section 9 - DA Form 20. 4. Title 10, USC, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008187 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1