IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110021639 


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 award of the Bronze Star Medal (First Oak Leaf Cluster (OLC)) and the Combat Infantryman Badge.

2.  The applicant states that, while he did not hold an infantryman military occupational specialty (MOS), he fought as an infantryman on the front lines with units whose personnel were awarded the Combat Infantryman Badge.  He states he earned the Distinguished Unit Citation (now known as the Presidential Unit Citation) with 1st and 2nd oak leaf clusters during the period 7 December 1941 to 10 May 1942.  He states he was assigned to the First Provisional Air Corps Regiment, II Corps, when captured on 7 May 1942.  In accordance with Army Regulation 600-8-22 (Military Awards), he earned the Bronze Star Medal (First OLC) and the Combat Infantryman Badge.  

3.  The applicant provides seven exhibits identified in a list.

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 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 the applicant's records were lost or destroyed in that fire.  However, documents remaining in a reconstructed record and those provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The U.S. National Archives and Records Administration Archival Database shows:

* he enlisted in the Regular Army on 20 July 1941
* he was assigned to the Army Air Corps
* his area of service included the Southwest Pacific Theater (Philippine Islands)
* he was liberated from a Japanese prisoner of war (POW) camp
* he reenlisted in the rank of staff sergeant effective 25 May 1946
 
4.  A Mayo General Hospital document shows the applicant indicated in a sworn statement that while he served with his organization, Headquarters Squadron, 20th Air Base Crew on or at Bataan, Philippine Islands on 9 April 1942 he was taken prisoner by the Japanese Army.  At the time he was suffering from an illness(es) which, under ordinary conditions, would have been considered disabling or hospitalizing.  The document further indicates he was liberated at Kooka, Japan on 12 September 1945.  The document indicates the applicant subscribed and swore to this information on 30 November 1945.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was retired from active duty on 31 August 1960 for sufficient length of service in the rank of captain.  This form shows the Philippine Presidential Unit Citation. 

6.  A citation in the name of the President of the United States, as public evidence of deserved honor and distinction, was awarded to all units of both military and naval forces of the United States and Philippine Governments engaged in the defense of the Philippines from 7 December 1941 to 10 May 1942, inclusive, as published by War Department General Orders Number 22, dated 30 April 1942 and amended by Department of the Army General Orders Number 46, dated 2 July 1948.

7.  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.  

8.  Army Regulation 600-8-22 states the Bronze Star Medal may be awarded 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).

9.  Army Regulation 600-8-22 states the Combat Infantryman Badge 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 infantrymen.  In developing the Combat Infantryman Badge, 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 has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation. 

10.  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.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

* Light machine gunner (604)
* Heavy machine gunner (605)
* Platoon sergeant (651)
* Squad leader (653)
* Rifleman (745)
* Automatic rifleman (746)
* Heavy weapons NCO (812)
* Gun crewman (864)

DISCUSSION AND CONCLUSIONS:

1.  A Mayo General Hospital document shows he served with Headquarters Squadron, 20th Air Base Crew at Bataan, Philippine Islands on 9 April 1942, where he was taken prisoner by the Japanese Army.  Evidence shows he was a Japanese POW from April 1942 until September 1945.

2.  All units of both military and naval forces of the United States engaged in the defense of the Philippines from 7 December 1941 to 10 May 1942, inclusive, were awarded the Presidential Unit Citation.  Based on available evidence, it is reasonable to presume the applicant served in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942 in a unit that received the Presidential Unit Citation; and therefore, that he met the eligibility criteria for award of the Bronze Star Medal.  As such, it would be appropriate to award him the Bronze Star Medal and add this award to his DD Form 214.

3.  Evidence indicates the applicant, a member of the Army Air Corps, may have served in an "infantryman" capacity with other infantryman who received the Combat Infantryman Badge.  The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.  As such, there is an insufficient basis for which to support award of the Combat Infantryman Badge or a second award of the Bronze Star Medal based on award of the Combat Infantryman Badge. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal based upon his unit’s award of the Presidential Unit Citation for valor between 7 December 1941 and 10 May 1942 and to add it to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge and a second award of the 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.

ABCMR Record of Proceedings (cont)                                         AR20110021639



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ABCMR Record of Proceedings (cont)                                         AR20110021639



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