PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 August 2001
         DOCKET NUMBER: AR2001051850


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John P. Infante		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests award of the Combat Infantryman Badge (CIB).

3. The applicant states in effect, that he lost his records and while he was going through some old papers, he discovered that he had not been awarded the CIB. He submits in support of his application copies of his Purple Heart award.

4. The applicant’s military records show that he entered the Regular Army on
2 May 1941. He completed the required training and was awarded military occupational specialty (MOS) 608 (Gun Crewman Coast Artillery).

5. The applicant’s Enlisted Record and Report of Separation Honorable Discharge WD AGO 53-55 shows that he served in the Asiatic-Pacific Theater between 10 July 1941 and 6 October 1945. He was assigned to the 59^th Coast Artillery Regiment (Corregidor) as a member of a Coast Artillery Gun Crew.

6. On 13 May 1946, the applicant was honorably discharged he completed
5 years and 12 days of creditable active service. His WD AGO 53-55, shows
that he was awarded the American Defense Service Medal w/1 Bronze Bar, the Philippine Defense Service Ribbon w/1 Bronze Star, the World War II Victory Medal, the Asiatic-Pacific Service Medal w/2 Bronze Stars, the Distinguished Unit Badge w/2 bronze oak leaf clusters and the Army Good Conduct Medal. His WD AGO 53-55, does not show the award of the CIB.

7. Filed in the applicant’s record is his Separation Qualification Record (WD AGO Form 100) which shows that he was captured and was held as a prisoner of war (POW) for 40 months by the Japanese government. Also filed in his record are copies of the microfilms, which also identifies the applicant as a POW. His WD AGO Form 100, also shows that at the time of his capture he was serving as a rifleman, assisting in beach defense against enemy forces. However, the POW award is not listed on his WD AGO 53-55 as an authorized award.

8. The applicant submitted a copy of his PH certificate and a copy of a letter from the Office of the Adjutant General dated 30 March 1950, which awards the applicant the PH for wounds received in action against the enemy on 2 May 1942, on Corregidor, Philippine Islands. However, the award is not shown on his WD AGO Form 53-55. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry “None”.

9. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army Infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantryman. In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches. Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions. From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established. There are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

10. Permanent Orders 206-6, dated 1 November 1984, filed in the applicant’s personnel record awarded him the Bronze Star Medal for meritorious achievement in the defense of the Philippine Islands. However, this award is not listed on his WD AGO 53-55.

11. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on
8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

13. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 59^th Coast Artillery Regiment was awarded the Philippine Presidential Unit Citation for the period 7 December 1941 – 10 May 1942 by the Department of Defense General Order #47, dated 1950.

CONCLUSIONS:

1. The evidence of record shows that while the applicant held a combat MOS (Gun Crewman Coast Artillery), it was not an infantry MOS. The applicant was assigned to the 59^th Coast Artillery Regiment; it was not an infantry division.
While he certainly may have performed combat duties and may have supported the infantry to the extent of being involved in ground combat with the enemy while in the Philippines, those duties do not qualify him for award of the CIB. The Board does recognize his exemplary services; however, he does not meet the requirement to be awarded the CIB.


2. The evidence of record shows Permanent Orders 206-6, dated 1 November 1984, awarded the applicant the Bronze Star Medal for meritorious achievement based on the defense of the Philippine Islands. Therefore, he is entitled to correction of his records to show award of the Bronze Star Medal.

3. The evidence available to the Board shows that the applicant was awarded and was entitled to the awards of the Purple Heart Medal and the Prisoner of War Medal. He was also assigned to a unit during a period of time that the unit was awarded the Philippine Presidential Unit Citation. Therefore, correction of the applicant’s record to show these awards would be appropriate.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the applicant’s WD AGO 53-55, to show the awards of Bronze Star Medal, the Purple Heart Medal, the Prisoner of War Medal, the Philippine Presidential Unit Citation and amend item 34 of his WD AGO 53-55 to read wounded 2 May 1942, on Corregidor, Philippine Islands instead of “None”.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__rjw___ __bje___ __jpi___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Raymond J. Wagner
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001051850
SUFFIX
RECON
DATE BOARDED	20010802
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.