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		IN THE CASE OF:	  

		BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130016853 


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 brother of a deceased former service member (FSM) requests correction of the FSM's record to show award of:

* Bronze Star Medal (BSM) with 1st oak leaf cluster (2nd award)
* Purple Heart
* Combat Infantryman Badge (CIB)
* four Distinguished Unit Citations (now known as the Presidential Unit Citation with 3 oak leaf clusters (4th award))
* Philippine Presidential Unit Citation
* Asiatic Pacific Campaign Medal
* Gold Star Lapel Pin
* American Defense Service Medal 

2.  The applicant states:

	a.  the FSM enlisted in the U.S. Army Air Forces on 29 March 1940 and was assigned to the 93d Bombardment Squadron, 19th Bombardment Group on the Philippine Islands.  On 8 December 1941, the invasion of the Philippines started and on Friday 19 December 1941, the 19th Bombardment Group formed the 5th Interceptor Command (Provisional) and fought the enemy as infantrymen before being captured on 7 May 1942.  The FSM lost his life in captivity on 4 January 1943.  



	b.  the FSM is entitled to the Purple Heart based on a memorandum for the Secretary of the Military Departments, Chairman, Joints Chief of Staff, dated 
1 October 2008.
	
	c.  in accordance with War Department (WD) Circular 269, dated
27 October 1943 and WD Circular 105, dated 13 March 1944, combatants met circumstances which qualified for the CIB and a member was not required to possess the military occupational specialty of an infantryman or be assigned to an infantry unit.  The requirement was any infantryman.  The requirement for a combatant to be assigned to an infantry unit was not effective until 11 May 1944 when WD Circular 186 was initiated.

	d.  the requirement for a combatant to be assigned to an infantry unit was not effective until 11 May 1944, when WD Circular 186 was initiated.

	e.  however, the guideline was not retroactive to an earlier date and did not amend WD Circulars 269 and 105 which involved participants in ground combat during 1941 and 1942.  He indicates that this meets the requirement for the CIB.

	f.  abbreviated description members of the 19th Bombardment Group were assigned to units involved in battle as infantrymen, earning the CIB, making the FSM eligible for award of the CIB.

	g.  Army Regulation 600-8-22 (Military Awards) and Code of Federal Regulations state that as the recipient of the CIB, the FSM earned the BSM.

3.  He provides:

* a self-authored statement
* WD Circular Number 269
* WD Circular Number 105
* an excerpt from the Code of Federal Regulations
* two articles from the Army Air Corps Library and Museum

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 FSM's 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 FSM'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.

3.  On 3 November 2012, the Air Force Board for Correction of Military Records addressed the applicant's request and awarded the FSM the Purple Heart, Presidential Unit Citation (4th award), Good Conduct Medal, Prisoner of War Medal, American Defense Service Medal with one bronze service star, Asiatic Pacific Campaign Medal, World War II Victory Medal, Philippine Presidential Unit Citation, and Gold Star Lapel Pin.  Therefore, these items will not be discussed any further in this Record of Proceedings.  Consideration for award of the BSM (2nd award) and the CIB follows.

4.  The FSM's available record shows he enlisted in the Army Air Corps on 
29 March 1940.  He was assigned to the 93d Bombardment Squadron, 19th Bombardment Group.

5.  A query of the National Archives Records Administration of World War II Prisoners of War (POWs) (1942-1947) database shows the FSM:

* became a POW on 7 May 1942
* was interned at the Japanese prison camp known as Cabanatuan 1-2-3 Nueva Province, Luzon, Philippines 15-121
* succumbed to malaria and dysentery on 4 January 1943

6.  The applicant submitted:

	a.  two articles from the Army Air Corps Library and Museum which indicate:

		(1)  the 19th Bombardment Group was attacked by the Japanese on
7 December 1941 and sustained numerous casualties and lost many planes.  

		(2)  on 23 January, the 19th Bombardment Group fought alongside U.S. Army Soldiers, Sailors, Marines, and Filipino Soldiers and police to drive the Japanese out of Bataan. 

	b.  a self-authored statement that indicates members of the Armed Forces participated in the Battle of Bataan and Corregidor from 7 December 1941 to 
10 May 1942 were entitled to one or more BSM by meeting any one of the three following circumstances:

		(1)  the BSM was established by Executive Order Number 9419, dated 
4 February 1944, and may be awarded to any person who, while serving in any capacity in any of the services of the U.S. after 6 December 1941, distinguished or has distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, he highlighted "while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force";

		(2)  Army Regulation 600-8-22, dated 11 December 2006, paragraph 3-14, the BSM may be awarded to any member of each Armed Forces of the United States  who, after 6 December 1941, he highlighted "has been cited in orders"; and 

		(3)  upon letter application the BSM may be awarded to eligible Soldiers who participated in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942.  Performance of duty must have been on the island of Luzon or the Harbor Defense in Corregidor and Bataan.  Only Soldiers who were awarded the Distinguished Unit Citation (Presidential Unit Citation) may be awarded this decoration. 

7.  WD Circular 269, dated 27 October 1943, established the Expert Infantryman Badge and CIB.  

	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.

8.  WD Circular 269 was rescinded by WD 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 CIB 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.

9.  WD Circular 408, dated 17 October 1944, rescinded WD Circular 186-1944.  

	a.  It stated, "Effective 1 November 1944 the award of the Expert Infantryman Badge and the CIB 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.

10.  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. 
11.  Army Regulation 600-8-22 states:

	a.  the BSM 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.  

	b.  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.

	c.  upon letter application, award of the BSM may be made to eligible Soldiers who participated in the Philippine Islands Campaign between 7 December 1941 to 10 May 1942.  Performance of duty must have been on the island of Luzon or the Harbor Defenses in Corregidor and Bataan.  Only Soldiers who were awarded the Distinguished Unit Citation (Presidential Unit Citation) may be awarded this decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM met the criteria for award of the CIB.  He neglects the fact that WD Circular 269 clearly shows the CIB was intended for eligible infantrymen.  

2.  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.  

3.  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.  

4.  The applicant 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.  

5.  The record shows the FSM served in the Air Corps and the 19th Bombardment Group on the Philippine Islands and was a POW.  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.

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

8.  Evidence of record shows the applicant was in a unit that was awarded the Presidential Unit Citation (4th award) and performed duties on the island of Luzon between 7 December 1941 to 10 May 1942.  Therefore, he is entitled to have his record correct to show award of the BSM (1st award).

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 is 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 BSM (1st Award) for the period 7 December 1941 to 10 May 1942.









2.  The Board further determined that 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 awarding him the CIB or the BSM based upon award of the CIB.

      
      
      
      ______________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)                                         AR20130016853





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ABCMR Record of Proceedings (cont)                                         AR20130016853



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