IN THE CASE OF:	  

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120011954 


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 reconsideration of his previous application for award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) based on award of the CIB.

2.  He states:

	a.  He was commissioned in the Cavalry Reserve in May 1938, and he entered active service in February 1941.  In June 1941, he volunteered for service in the Philippines with the 26th Cavalry Regiment (Philippine Scouts (PS)).  He was discharged on 1 May 1946.  

	b.  War Department (WD) Circular 269, dated 27 October 1943, was the initial guideline identifying the criteria for award of the CIB.  He transcribes a portion of the circular that states infantryman, including officers, establish eligibility to wear the CIB by exemplary conduct in action against the enemy or by satisfactory performance of duty in action against the enemy in a major operation.  He states these two requirements were met as evidenced by the fact that the 26th Cavalry Regiment received three awards of the Distinguished Unit Citation (now known as the Presidential Unit Citation) for outstanding performance in action.  

	c.  WD Circular 105, dated 13 March 1944, amended WD Circular 269.  It states the CIB may be awarded to any infantryman who, on or after 6 December 1941, has established eligibility under the criteria provided in WD Circular 269.  

	d.  Members of the 26th Cavalry Regiment met the requirement that infantryman, including officers, establish eligibility to wear the CIB.  The WD circulars do not require a combatant to be assigned to an infantry unit, but to serve as an infantryman.  There were no guidelines during World War II requiring a Soldier to possess the military occupational specialty (MOS) of an infantryman.  This was not a requirement until the 1960s.

3.  He provides a self-authored statement.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110020157, on 12 April 2012.

2.  The applicant has provided a new argument that warrants consideration by the Board.

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

4.  On 6 February 1941, the applicant entered active service.  On 6 June 1941, he departed the continental United States en route to the Philippines.  On 23 June 1941, he arrived in the Philippines, and he was assigned to the 26th Cavalry Regiment (PS).  

5.  A WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) shows he was relieved from active duty on 1 May 1946 as a cavalry lieutenant colonel.  The form shows:

* he served with the 26th Cavalry (PS)
* his military occupational specialty was Horse Cavalry Unit Commander
* he served in the Philippines from 23 June 1941 to 16 June 1945
* he was wounded on 28 February 1942
* his decorations and citations as:

* Philippine Liberation Ribbon with one bronze service star
* Asiatic-Pacific Campaign Medal with 2 bronze service stars
* American Theater Campaign Medal
* American Defense Service Medal with one bronze service star
* World War II Victory Medal
* Distinguished Unit Citation Badge with two oak leaf clusters

6.  A WD AGO Form 100 (Separation Qualification Record) shows he served for 14 months as a Horse Cavalry Unit Commander and for 42 months as a Unit Commander, Guerilla Forces.  The form summarizes his military occupations as follows:

"COMMANDING OFFICER, EAST CENTRAL LUZON GUERILLA FORCES--organized and commanded 7 skeleton guerilla divisions (37,000 officers and men) in East Central Luzon guerilla area.  Carried out intelligence, sabotage, and combat missions against the Japanese for the 3 years of their occupation of the Luzon area.  Upon return of the American troops was returned to military control (attached unassigned to the Headquarters 6th Army) prior to which had been operating under General Headquarters Southwest Pacific area.  Retained by 6th Army to continue in command of Guerilla Forces until 10 Jun 1945 at which time, due to sickness, was ordered back to the United States.  Approximately 17,000 of the Guerilla Troops, organized by named officer were directly attached to the United States Army for operations."

7.  A second WD AGO Form 100 shows he was recalled to active duty on 1 July 1946.  He was relieved from active duty on 11 December 1946 as a cavalry lieutenant colonel.  The form shows he served in the Philippines from 10 August 1946 to 11 December 1946.  His decorations and awards are shown as:

* Philippine Distinguished Service Star
* Philippine Defense Ribbon
* Philippine Liberation Ribbon
* 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

8.  On 2 February 1988, the U.S. Army Reserve Personnel Center, St. Louis, MO, issued Permanent Orders 15-1 awarding him the BSM for meritorious achievement in ground combat in the Southwest Pacific theater of operations during the period 7 December 1941 to 10 May 1942.

9.  He provides a self-authored statement in which he asserts:

* the U.S. Army followed guidelines and awarded the CIB to members assigned to units including Army Air Force units, Provisional Air Corps regiments, armor units, an artillery unit, an ordnance unit, and others
* as recently as January 2003, the U.S. Army awarded the CIB to an Army Air Force veteran
* WD Circulars 269 and 105 were the only applicable guidelines for the period 6 December 1941 to 11 May 1944
* Army Regulation 600-8-22 (Military Awards) does not apply for determining CIB eligibility for World War II veterans
* WD Circulars 186 and 408 do not apply to veterans of Bataan and Corregidor
* according to legal counsel, justifying denial of a request for an award or decoration by referencing guidelines established after the act was performed is a violation of the U.S Constitution
* the fact that the Army, in May and November 1944, chose to change CIB policy cannot be applied to the facts of his case

10.  War Department Circular 269, dated 27 October 1943, established the Expert Infantryman and Combat Infantryman Badges.  

	a.  It states, "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 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 Infantryman and Combat Infantryman badges are established for infantry personnel.”

	b.  It further stated infantrymen, including officers, established eligibility to wear the CIB by:

		(1)  Exemplary conduct in action against the enemy, or 

		(2)  By satisfactory performance of duty in action against the enemy in a major operation as determined and announced by the theater commander.

11.  War Department Circular 269 was rescinded by War Department Circular 186, dated 11 May 1944.  

	a.  It states, "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 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 Infantryman and Combat Infantryman badges are established for infantry personnel."

	b.  It further stated award of the CIB was restricted to officers, warrant officers, and enlisted men, assigned to infantry regiments or lower infantry units, except officers and enlisted men of the Medical Department and the Corps of Chaplains.  

	c.  The circular stated eligibility to wear the CIB was established by exemplary conduct in action against the enemy.

12.  War Department Circular 408, dated 17 October 1944, rescinded War Department Circular 186-1944.  

	a.  It stated, "Effective 1 November 1944 the award of the expert infantryman badge and the combat infantryman badge is restricted to officers, warrant officers and enlisted men assigned to infantry regiments, infantry battalions and elements thereof designated as infantry in tables of organization or tables of organization and equipment.  Personnel of the Medical Department and the Corps of Chaplains are not eligible for this award." 

	b.  It stated eligibility to wear the CIB was established by satisfactory performance of duty in ground combat against the enemy.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for award of the CIB and award of the BSM based on award of the CIB.   

2.  The applicant contends that he and other members of the 26th Cavalry Regiment (PS) met the criteria for award of the CIB as evidenced by the unit's three awards of the Distinguished Unit Citation.  He neglects the fact that WD Circular 269 clearly shows the CIB was intended for eligible infantrymen.  
3.  WD Circular 269 stated the Expert Infantryman Badge and CIB were established "as a means of attaining the high standards desired and to foster esprit de corps in infantry units."  The circular also states the badges were "established for infantry personnel."  The circular did not provide that Soldiers serving in branches other than infantry could become eligible to wear the CIB.  

4.  Notwithstanding its clarity, it seems WD Circular 269 did not adequately define "infantry."  It was rescinded and replaced with a series of circulars that more carefully defined infantrymen eligible for the CIB.  

5.  He contends that the CIB has been awarded to individuals who did not serve in infantry units.  Misapplication of the CIB criteria in other cases cannot serve as the basis for granting relief in this case.  

6.  There is no evidence showing the ABCMR used inapplicable guidelines in the previous consideration of his case.  

7.  The record shows the applicant served as a Horse Cavalry Unit Commander and as the Commanding Officer, East Central Luzon Guerilla Forces.  There is no evidence showing he served as an infantryman in an infantry unit.  Even though the exigencies of combat may have required him to temporarily perform infantry duties, this is not a basis for award of the CIB.

8.  In view of the foregoing, there is no basis for awarding him the CIB, and there is no basis for awarding him the BSM based on an award of the CIB.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20110020157, dated 12 April 2012.
      
      
      
      _______ _   _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)                                         AR20120011954





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ABCMR Record of Proceedings (cont)                                         AR20120011954



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