BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023772 


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 CIB and the Bronze Star Medal (2nd Award).

2.  The applicant states he served in the Army from 15 February 1941 to 1 March 1945, was assigned to the 26th Calvary Regiment on the Philippine Islands, and was taken prisoner on 7 May 1945.  He returned to the continental United States (CONUS) and separated from the Army on 21 March 1945.

3.  On 8 December 1941, Japan attacked Pearl Harbor and then invaded the Philippines.  His regiment was ordered north as part of the North Luzon force to oppose the Japanese landings in the Lingayan Gulf.

4.  In accordance with (IAW) War Department Circular (WDC) 269, dated 
27 October 1943, and WDC 105, dated 13 March 1944, members of the 26th Cavalry Regiment met circumstances which qualified them for the CIB.  A member of the U.S. Army was not required to possess the military occupational specialty (MOS) of an infantryman or be assigned to an infantry unit.  The requirement was any infantryman.

5.  The determination that award of the CIB would be confined to personnel whose basic branch was infantry and who, during the active ground combat, were assigned to Table of Organization Infantry (TOI) units was effective 
11 October 1944 when WDC 408 was approved.  Furthermore, the requirement for an Infantry MOS did not occur until the 1960s.  Such requirements were not retroactive and do not apply.
6.  IAW Army Regulation 600-8-22 (Military Awards), dated 11 December 2006, he earned the BSM (2nd Award) because of his entitlement to the CIB.  Additionally, his prior service shows satisfactory performance of duty in action against the enemy as an infantryman during the battle of Bataan.

7.  The applicant provides:

* Statement of request, dated 7 November 2011
* National Archives and Records Administration (NARA) database, Enlistment Records
* NARA database, Prisoner of War (POW) data file, showing unit of assignment 
* NARA database, Prisoner of War (POW) data file
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) 
* Battle account
* Excerpt from WDC 269
* Excerpt from WDC 105
* Excerpt from Army Regulation 600-8-22 (Military Awards)

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 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 documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant's WD AGO 
Form 53-55.

3.  His available records show he enlisted in the Army of the United States at Fort Stotsenburg, Pampanga, Philippine Islands, on 15 February 1941 and he entered active duty on that same day.  His military occupational specialty was not listed; however, his arm or service was listed as cavalry. 

4.  His WD AGO Form 53-55 shows he was honorably discharged from active duty on 21 March 1945 in the rank of private.  He was credited with 4 years, 1 month, and 7 days of active duty.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) – Troop F, 26th Cavalry (Philippine Scouts)
* item 32 (Battles and Campaigns) – Philippines
* item 33 (Decorations and Citations):

* American Defense Service Medal with one bronze service star
* Distinguished Unit Badge (2nd Oak Leaf Cluster)
* Philippines Defense Ribbon with one bronze service star
* Philippines Liberation Ribbon with one bronze service star

5.  His record contains Permanent Order Number 15-1, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, on 4 December 1985.  This order awarded him the BSM for the period 7 December 1941 to 10 May 1942, for meritorious achievement in ground battle in ground combat in the Southwest Theater of operations.

6.  He provided a printout from the NARA archival data base, which he entitled "enlistment records."  This print out identifies his component of the Army as "Philippine Scouts."

7.  He provided a printout from the NARA archival data base, which he entitled "unit assignment."  This printout shows he was assigned Troop F, 26th Cavalry, (Philippine Scouts), Philippine Division and was among the American defenders of Bataan and Corregidor.

8.  He provided a printout from the NARA Prisoners of War Data File,                  7 December 1941 to 19 November 1946, which lists the applicant as having been captured on 7 May 1942 in the Southwest Pacific Theater: Philippine Islands.  His grade at the time of capture is listed as private and Japan is listed as the detaining power.  The applicant was returned to military control, liberated, or repatriated around March 1945.

9.  He provided a description of the battles that took place on the Philippine Islands.

10.  He provided excerpts from WDC 269, WDC 105, and Army Regulation    600-8-22.

11.  WDC 269-1943 established the CIB to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.  WDC 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  During World War II, the CIB 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)

12.  WDC Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the CIB 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 CIB by satisfactory performance of duty in ground combat against the enemy.  Announcement of the award of the CIB would be made in regimental or unit orders.

13.  WDC Number 93, dated 24 March 1945 and effective 1 November 1944, restricted award of the CIB 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 CIB.  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.  

14.  Army Regulation 600-8-22 states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

15.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.

16.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  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.  Specific requirements state, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the CIB, the evidence must show he held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows the applicant served in the cavalry branch and served in a cavalry unit during his period of active service.  The CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  Regrettably, lacking sufficient evidence as required by the governing regulation, he is not entitled to the CIB and its addition to his WD AGO Form 53-55.

3.  The applicant is therefore not entitled to award of the BSM since there is no evidence to show the applicant is eligible for the CIB thereby making him eligible for award of the BSM based on award of the CIB for his service during World War II.  No evidence was found in his available service personnel record to support this award and its addition to his WD AGO Form 53-55.
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 that 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)                                         AR20110023772



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ABCMR Record of Proceedings (cont)                                         AR20110023772



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