BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110020157 


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, in effect, award of the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge.

2.  The applicant states he was commissioned as a second lieutenant in the cavalry reserve in May 1938.  He entered active service in February 1941 with the 11th Cavalry Regiment, Campo, CA.  In June 1941, he volunteered for service in the Philippine Islands (PI) with the 26th Cavalry Regiment (Philippine Scouts (PS)).

3.  When Japan invaded the PI in December 1941, the applicant and his unit became part of the North Luzon Force.  He fought the Japanese on Luzon, gradually retreating back to the Bataan Peninsula.  When the U.S.-led forces surrendered on or about 6 May 1942, the applicant and others faded into the jungles to carry on the fight as guerrillas.

4.  The applicant provides:

* exhibit A – biographical data
* exhibit B – WD AGO Form 100 (Separation Qualification Record)
* exhibit C – narrative of his exploits
* exhibit D – missing
* exhibit E – Executive Order 11046 authorizing award of the bronze star medal



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 applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient limited documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant entered active service on 6 February 1941 as a horse cavalry unit commander.  On 6 June 1941, he departed the continental United States (CONUS) en route to the PI.  Arriving in the PI on 23 June 1941, he was assigned to the 26th Cavalry Regiment (PS).

4.  The applicant's limited records contain a WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) that shows:

* entry on active duty on 6 February 1941
* departed CONUS on 6 June 1941
* service in the PI from 23 June 1941 through 16 June 1945
* unit – 26th Cavalry (PS), Headquarters, 6th Army, PI
* military occupational specialty (MOS) – horse cavalry unit commander, 1613
* wounded on 28 February 1942
* departed the PI on 16 June 1945 and arrived in CONUS on 18 June 1945
* the following awards –

* Philippine Liberation Ribbon with one bronze service star
* Asiatic-Pacific Campaign Medal with two bronze service stars
* American Theater Campaign Medal


* American Defense Service Medal with one bronze service star
* World War II Victory Medal
* Distinguished Unit Citation with two oak leaf clusters

* promoted to the rank of lieutenant colonel, cavalry
* released from active duty on 1 May 1946

5.  The applicant's records contain a second WD AGO Form 53-98 that shows:

* recalled to service from 1 July 1946 to 11 December 1946
* service in Luzon, PI, from 10 August 1946 to 11 December 1946
* the following awards –

* Philippine Distinguished Service Star
* Philippine Defense [Medal]
* Philippine Liberation [Medal]
* Asiatic-Pacific [Campaign Medal] with five bronze service stars
* Distinguished Service Cross
* Purple Heart
* Silver Star with one oak leaf cluster
* World War II Victory Medal

6.  Permanent Orders 15-1, U.S. Army Reserve Personnel Center, St. Louis, MO, dated 2 February 1988, awarded the applicant the Bronze Star Medal for meritorious achievement in ground combat operations in the Southwest Pacific theater of operations.

7.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  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, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, pay records are frequently the best available source to verify entitlement to this award.


	a.  War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy.  Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders.

	b.  War Department Circular Number 93, dated 24 March 1945 and effective 1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  In addition, infantry officers, warrant officers, and enlisted men who were attached to infantry regiments, infantry battalions, and elements thereof designated as infantry of the U.S. Forces or of any of the Allied Nations' military forces were eligible for the Combat Infantryman Badge.  In those cases where the individual concerned was not assigned to an infantry regiment or smaller infantry unit, the award would be made by such commanders and in such orders as the theater commander designated.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

9.  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.  A special provision for the PI Campaign provides that the Bronze Star Medal may be awarded to eligible Soldiers who participated in the PI 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).

	b.  A special provision based on award of the Combat Infantryman Badge or Combat Medical Badge provides that 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 Stat Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Combat Infantryman Badge and the Bronze Star Medal as a conversion award based on the Combat Infantryman Badge.

2.  The applicant is a true American hero.  From December 1941, he fought bravely against overwhelmingly superior numbers of enemy forces.  When surrender was imminent, he fled to the jungles to carry out a guerrilla campaign.  Despite harsh conditions, disease, and shortages of men and materiel, he fought until U.S. Forces returned to defeat the Japanese in 1945.

3.  Unfortunately, the applicant is not entitled to award of the Combat Infantryman Badge and, by extension, a second award of the Bronze Star Medal.  The applicant was a cavalry officer and a guerrilla fighter.  He was not an infantry officer, nor did he ever serve in an infantry unit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110020157



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ABCMR Record of Proceedings (cont)                                         AR20110020157



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