ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  9 December 2020 DOCKET NUMBER:  AR20200009197 


APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 31 December 1961 to show he was awarded the Bronze Star Medal in connection with award of the Combat Infantryman Badge for his service in World War II. 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DA Form 20 (Enlisted Qualification Record) page 4, dated 25 September 1961

.DD Form 214, dated 31 December 1961

.National Personnel Records Center (NPRC) letter, dated 10 December 2019



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states:

a.A recent letter from the NPRC claims no order can be found even though copiesof his DD Form 214 state the Combat Infantryman Badge was awarded. The attached DD Form 214 lists the Combat Infantryman Badge as awarded in item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). The Combat Infantryman Badge also is represented under section 21 (Awards and Decorations) and campaigns are listed on section 22 (Campaigns) of his military records. 

b.While attending a Veteran's Day event he was told by a fellow World War IIVeteran that if he had been awarded a Combat Infantryman Badge he was entitled to receive a Bronze Star Medal. At the encouragement of Congressman R- (his representative in Florida), and the urging of friends and family they began the effort to 
investigate this possibility. Congressman R-'s staff informed him all that was needed to receive the Bronze Star Medal was to show he had received the Combat Infantryman Badge during World War II. 

c.He then requested a copy of this order from the National Archives. He received aletter, dated 10 December 2019 from the NPRC that stated there was no order for the Combat Infantryman Badge even though documentation pertaining to this award can be found on the copies of his records and DD Form 214. Therefore, he is not sure when or where this error in records occurred. 

3.The applicant provides:

a.DA Form 20, page 4 showing in item 21, the applicant was awarded the CombatInfantryman Badge by Special Orders Number 134, issued by Headquarters, 133rd Infantry Regiment, on 17 December 1944, and the award was issued. 

b.DD Form 214 showing the applicant was awarded or authorized:

.World War II Victory Medal

.National Defense Service Medal

.Army Commendation Medal

.Army Occupation Medal (Germany)

.Combat Infantryman Badge

.Four overseas service bars

.American Defense Service Medal

.European-African Middle Eastern Campaign Medal with four battle stars



c.NPRC letter stating there were no original General Orders for issuance of the
Combat Infantryman Badge or the Bronze Star Medal in the applicant's service records. 

4.See applicable references below.

BOARD DISCUSSION: 

After reviewing the application and all supporting documents, the Board found that relief was warranted.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance.  The Board considered the applicant’s statement, his military record of service and documents provided by the applicant.  Evidence in the records shows the applicant was awarded the Combat Infantryman Badge.  The Board determined, based on regulatory guidance the applicant met the criteria for award of the Bronze Star Medal to any member who has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an 


armed enemy between 7 December 1941 and 2 September 1945.  The Board foundsufficient evidence to grant relief. BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

XXX XX XXX GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 






BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant arecommendation for relief. As a result, the Board recommends that all Department of  the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 ending on 31 December 1961 by showing in:

.item 21 – Bronze Star Medal.



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. 

REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.  Army Regulation 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.   
 
 a.  Awards may be made for acts of heroism, which are of lesser degree than required for the award of the Silver Star. 
 
 b.  When the Bronze Star Medal is awarded for heroism, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. 
 
c.  The Bronze Star Medal may be awarded for meritorious achievement or  
meritorious service to recognize single acts of merit or meritorious service. 
 
 d.  Award may be made to each service member of the Army, who after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1947. 
 
 e.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction the Bronze Star Medal.  
 
 f.  Award of the Bronze Star Medal may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge is considered as a citation in orders for award of the Bronze Star Medal. 
 
g.  The CIB is awarded to infantry or special forces officers and enlisted and  
warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy 
during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. 
 
 h.  The Army of Occupation Medal was established by War Department General Orders 32, 1946. It is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to any of the following:  Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. 
 
//NOTHING FOLLOWS//