IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110012350 


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 requests the records of his father, a former service member (FSM), be corrected to show award of the Combat Infantryman Badge, Bronze Star Medal, and any other awards as a result of his service in World War II (WWII).

2.  The applicant states his late father served as an infantryman during many campaigns during WWII.  With the Presidential Unit Citation and the Distinguished Unit Badge with oak leaf cluster, this should entitle him to award of the Bronze Star Medal.

3.  The applicant provides:

* the FSM's Certification of Military Service
* a page of the FSM's WD AGO Form 24-3 (Service Record)
* a letter from the National Personnel Records Center (NPRC)
* criteria for award of the Bronze Star Medal
* his birth 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 complete military records are not available to the Board for review. 
A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the FSM's 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 certification of military records shows he served on active duty from 29 January 1941 to 1 April 1945.  He attained the rank of technician fifth grade and he was killed in action on 1 April 1945.

4.  His WD AGO Form 24 shows he enlisted in the Army on 29 January 1941 in San Francisco, CA.  He appears to have initially served with Troop A, 7th Reconnaissance Squadron, Camp San Luis Obispo, CA, on 7 July 1942 and the 7th Cavalry Regiment, Fort Ord, CA, on 10 January 1943.  His foreign service shows the FSM:

* departed San Francisco, CA, for duty in the Aleutian Islands on 24 April 1943 and arrived on Attu Island, AK, on 11 May 1943
* departed Attu Island on 30 August 1943 and arrived in Honolulu, HI, on 16 September 1943
* departed Honolulu, HI, for duty in the Philippine Islands on 15 September 1943 and arrived in Leyte on 20 October 1944
* departed Leyte on 27 March 1945 for duty in the Ryukyu Islands on 27 March 1845 and arrived in Okinawa on 1 April 1945

5.  The "Medals, Decorations, and Citations" section of his WD AGO Form 24 lists three awards that appear to be:

* Distinguished Unit Citation, unclear authority and date
* Good Conduct Medal, Special Orders Number 174, Headquarters, 7th Infantry Division, 29 April 1943
* American Defense Service Medal, Special Orders Number 86, Headquarters, 7th Infantry Division, 29 April 1944


6.  An insert (WD AGO Form 24-3) to his WD AGO Form 24 shows the FSM:

* was authorized to wear the bronze oak leaf cluster on the Distinguished Unit Badge per General Orders Number 55, Headquarters, Army Air Forces Pacific Ocean Area, dated 25 October 1944
* was authorized the Philippine Liberation Medal with two bronze service stars
* participated in the Leyte campaign from 20 October 1944 to 10 February 1945 and is authorized a third bronze service star on the Asiatic-Pacific Campaign Medal for the Leyte campaign
* participated in the Ryukyus campaign (Ryukyu, Okinawa, and Shima) and is authorized a fourth bronze service star for the campaign
* was killed in action on Okinawa on 1 April 1945

7.  His available records contain:

* an undated allotment authorization to the Commanding Officer, Troop A, 7th Reconnaissance Squadron, Camp San Luis Obispo, CA
* a WD AGO Form 30, dated 30 September 1942, which shows the FSM's unit of assignment as Troop A, 7th Reconnaissance Squadron
* an Emergency Addressee and Personal Property Card, dated 15 April 1943, which shows the FSM's rank was private first class and was assigned to the 7th Cavalry Reconnaissance Troop
* an undated index card related to payment of gratuity in case of death that shows his rank was technician fifth class and he was assigned to the 7th Cavalry Reconnaissance Troop
* a letter of sympathy from the FSM's Commanding Officer, 7th Cavalry Reconnaissance Troop, to the FSM's spouse or mother

8.  The FSM was killed in action on Okinawa Island, Ryukyu Islands, on 1 April 1945 while serving with the reconnaissance troop.

9.  The FSM was awarded the Purple Heart posthumously.

10.  On 23 January 2006, an official at the NPRC notified the applicant by letter that his office was able to verify the FSM's entitlement to the:

* Purple Heart
* Army Good Conduct Medal
* Presidential Unit Citation with bronze oak leaf cluster
* American Defense Service Medal
* American Campaign Medal
* 
Asiatic-Pacific Campaign Medal with four bronze services stars
* WWII Victory Medal
* Philippine Liberation Medal with two bronze service stars
* Honorable Service Lapel Button

11.  The FSM's reconstructed records do not contain any indication that he held an infantry specialty, that he was awarded the Combat Infantryman Badge, or that he was receiving a monthly pay supplement known as combat infantry pay and/or expert infantry pay.

12.  Army Regulation 600-8-22 (Military Awards) states 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.  In announcing the badge, the War Department stated:  “The present war has demonstrated the importance of highly proficient, tough, hard and aggressive infantry, which can be obtained only by developing a high degree of individual all-around proficiency on the part of every infantryman.  As a means of attaining the high standards desired and to foster esprit de corps in infantry units, the Expert and Combat Infantrymen Badges are established for infantry personnel.”  The initial eligibility criteria for the CIB were to be an infantryman who exhibited exemplary conduct in actions against the enemy or by satisfactory performance of duty in action against the enemy in a major operation as determined and announced by the theater commander.  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.  

13.  The infantry badges were an instant success.  One of the first requests for a similar award was a badge which was to be named the Distinguished Merit Badge for Cavalry.  In disapproving the badge, the War Department stated:  “The recommendation of the CG, 1st Cavalry Division, that badges similar to the Expert and Combat Infantry Badges be adopted and authorized for issue to cavalrymen is not favorably considered.  The infantry badges were established primarily to foster esprit de corps in infantry combat units…”  The War Department did, however, authorize the infantry badges for dismounted cavalrymen of the 1st Division who were essentially performing as infantrymen.  This was a logical extension since dismounted cavalry regiments were cavalry in name only.  

14.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  Additionally, WWII holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. 
Thus, pay records are frequently the best available source to verify entitlement to this award.  

15.  Army Regulation 600-8-22 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.

16.  Army Regulation 600-8-22 states the Bronze Star Medal may be made to eligible Soldiers who participated in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942.  Requirements for award of the Bronze Star Medal under this provision of the regulation are performance of duty on the island of Luzon or the Harbor Defenses in Corregidor and Bataan and award of the Distinguished Unit Citation [now known as the Presidential Unit Citation].

17.  Army Regulation 600-8-22 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 infantryman badge for service during WWII.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Combat Infantryman Badge, there are basically three requirements for award.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat:

	a.  The FSM's available documents show he was assigned to the 7th Cavalry Reconnaissance Troop (which indicates he was not dismounted cavalry) prior his departure for duty in the Aleutian Islands on 24 April 1943 and throughout his combat service in the Philippine Islands and Ryukyu Islands until his death on 1 April 1945.  

	b.  Nothing in the FSM's available records indicates he served in an infantry outfit during WWII.  Additionally, there is no indication the FSM was receiving infantry combat pay.  Therefore, the FSM does not appear to have met the requirements for award of the Combat Infantryman Badge.

2.  With respect to the Bronze Star Medal:

	a.  The Bronze Star Medal may be made to eligible Soldiers who participated in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942. This provision also requires performance of duty on the island of Luzon or the Harbor Defenses in Corregidor and Bataan and award of the Distinguished Unit Citation (now known as the Presidential Unit Citation).  The FSM began his combat service when he left for duty in the Aleutian Islands on 24 April 1943.  He does not meet the criteria under this provision.

	b.  The FSM does not appear to qualify for award of the Combat Infantryman Badge and, therefore, he doesn't qualify for a conversion award of the Bronze Star Medal.

	c.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  The FSM's service and sacrifices during WWII as well as the applicant's sincerity are not in question.  However, in the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  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.



      ____________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.

ABCMR Record of Proceedings (cont)                                         AR20110012350



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ABCMR Record of Proceedings (cont)                                         AR20110012350



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