IN THE CASE OF: 

		BOARD DATE:	  8 November 2012 

		DOCKET NUMBER:  AR20120007734 


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, the nephew of a deceased former service member (FSM), requests his uncle be awarding the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that the FSM died while a prisoner of war (POW) in the Philippines on 4 July 1942 and he should have been awarded the CIB and the BSM based on award of the CIB.  He goes on to state that during World War II there was no requirement for individuals to hold an infantry military occupational specialty (MOS) in order to be awarded the CIB.  He also states that War Department Circular 123 amended War Department Circular 269 to allow the award to anyone serving as an infantryman.

3.  The applicant provides:

* a WD AGO Form 52-1 (Report of Death)
* his Certificate of Birth
* his mother's Certificate of Birth
* War Department Circulars 123 and 269
* Permanent Order 309-12, issued by the U.S. Army Human Resources Command (HRC), Alexandria, VA, dated 5 November 2009 (Purple Heart)
* Permanent Order 309-13, issued by the same headquarters, dated
5 November 2009 (Army Good Conduct Medal)
* an undated letter from the Air Force Board for Correction of Military Records (AFBCMR)
* copies of research documents and the attempts he has made to obtain the FSM's awards
* copies of letters to and from his congressional representative

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  However, the documents provided by the applicant and those contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

2.  The FSM entered the Army on 5 August 1938.  He was serving in the Army Air Corps with the 27th Bombardment Group in the Southwest Pacific Area in the rank of private first class when he was captured by the Japanese Imperial Army and he was interned in a Japanese POW Camp in the Philippine Islands when he died on 4 July 1942.

3.  The AFBCMR advised the applicant that based on a letter from Headquarters, Air Force Personnel Command, dated 22 February 2012, having reviewed his uncle's records, determined his uncle was entitled to the:

* Presidential Unit Citation (PUC) with two oak leaf clusters
* Philippine PUC
* POW Medal
* American Defense Service Medal
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* Gold Star Lapel Pin

4.  The AFBCMR advised the applicant that it could not verify the FSM's entitlement to the BSM and informed the applicant that he would have to apply to the HRC for award of the CIB.

5.  On 5 November 2012 the HRC, Fort Knox, KY posthumously awarded the FSM the Purple Heart and the Army Good Conduct Medal.  Officials at the HRC also advised the applicant that the FSM was also entitled to the award of the Philippine Defense Ribbon with one bronze service star.

6.  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.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  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 has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB 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.

7.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay and holders of the EIB 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 HRC has advised in similar cases that, 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)

8.  War Department Circular 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.

9.  War Department Circular 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.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that there were no criteria in effect at the time that required individuals to hold an infantry MOS in order to be awarded the CIB has been noted and found to lack merit.
2.  While it is conceded that some individuals may have been awarded the CIB during WWII that did not possess an infantry MOS, the intent of the War Department Circular that announced the award of the CIB during WWII specifically addresses the fact that individuals must be an infantryman serving in an infantry unit that engages the enemy in combat.

3.  The applicant's contention that War Department Circular 123 amended War Department Circular 269 to allow award of the CIB to anyone serving as an infantryman has been noted and found to lack merit.  That circular simply allowed for retroactive award of the CIB to qualified infantryman because the CIB was established after the start of WWII and it allowed for award of the CIB to those who were qualified before the award was formally established.

4.  The FSM was a member of the Army Air Corps and not an infantryman by training or specialty.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20120007734



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ABCMR Record of Proceedings (cont)                                         AR20120007734



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