IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230002596 APPLICANT REQUESTS: award of the Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) (2), 17 December 2022 and 8 December 2016 * WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), for the period ending 29 March 1946 * Privacy Act Statement, 17 May 2016 * U.S. Army Human Resources Command, Awards and Decorations Branch Letter, RE: Bronze Star Medal (date unreadable) * National Personnel Records Center Letter, RE: Record Not in File, 16 December 2022 * Letter, RE: Shipment of Awards (not dated) * Certificate of Live Birth (), * Record of Death, * U.S. Army Awards and Decorations Branch Privacy Release Statement, 10 May 2021 * Certificate of Live Birth (), * Certificate of Death, * Abstract of Record of Birth, * Certificate of Birth (), FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, the grandson of the deceased Service member (SM) states the WD AGO Form 53-98 for the period ending 29 March 1946 shows the deceased SM was authorized the Combat Infantryman Badge. No Bronze Star Medal was issued at that time. A Congressional Representative was able to get the family the actual medal, but his military record still needs to be updated to reflect the Bronze Star Medal. 3. WD AGO Form 53-98 for the period ending 29 March 1946 shows the deceased SM was honorably discharged from active duty. It further shows in: * item 29 (Decorations and Citations) – * American Campaign Medal * American Defense Service Medal * European African Middle Eastern Campaign Medal * World War II Victory Medal * item 43 (Remarks) – “Authorized: Combat Infantrymans [sic] Badge” 4. On 9 July 1977, the SM died. 5. A U.S. Army Human Resources Command letter, unknown date (date unreadable), shows that based on review of the forwarded documentation and additional resources available to this office, they were unable to locate any orders or certificate citing your grandfather for meritorious or exemplary conduct in ground combat against the enemy during World War II. They have verified that he was an Infantryman and the Combat Infantryman Badge is listed on his WD AGO Form 53-9; however, without a copy of the original orders announcing the effective date for award of the Combat Infantryman Badge, they could not award the Bronze Star Medal. 6. A National Personnel Records Center letter, 4 April 2019, shows the National Personnel Records Center responded to the applicant’s Congressional Representative regarding the deceased SM. They authorized shipment of awards based on the documents provided and/or official documents available. They are: * Bronze Star Medal * Meritorious Unit Commendation * American Campaign Medal * American Defense Service Medal * European African Middle Eastern Campaign Medal with two silver service stars * World War II Victory Medal * Combat Infantryman Badge (1st Award) * Honorable Service Lapel Button WWII 7. A National Personnel Records Center letter, 16 December 2022, shows the record needed to answer the applicant’s inquiry is not in their file. 8. The U.S. National Archives and Records Administration official website states a disastrous fire at the National Personnel Records Center on 12 July 1973 destroyed approximately 16-18 million Official Military Personnel Files. The fire affected approximately 80 percent of the records of Army personnel discharged between 1 November 1912 and 1 January 1960. The deceased SM’s records were mostly destroyed by the fire. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the notation on the SM’s WD AGO Form 53-98 confirming he was authorized the Combat Infantryman Badge sufficient as a basis for confirming he was also authorized the Bronze Star Medal. The Board determined the SM’s WD AGO Form 53-98 should be corrected by adding the Bronze Star Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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 adding the Bronze Star Medal to his WD AGO Form 53-98. 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, 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 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 600-8-22 (Military Awards), 5 March 2019, prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 3-16 (Bronze Star Medal) stated 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 heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. It further states: a. Award may be made to each Servicemember 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 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 or Combat Medic Badge is considered as a citation in orders. Award of the Bronze Star Medal from these documents will not negate the original award or the Combat Infantryman Badge or Combat Medic 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. b. Veterans and retirees may submit letter application to National Personnel Records Center (NPRC–MPR), 1 Archives Drive, St. Louis, MO 63138–1002. Soldiers who retired or were discharged after 1 October 2002 and the primary next of kin of Soldiers who died after 1 October 2002 should send their letter application to Commander, U.S. Army Human Resources Command, (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. The letter application should include documentary evidence, if possible. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002596 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1