BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20140007692 


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 brother of a deceased former service member (FSM), requests that the FSM be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) based on award of the CIB.

2.  He states, in effect, that the FSM, as a member of the Provisional Air Corps Regiment serving in the Philippines during World War II, served as an infantryman and should be awarded the CIB.  Holding an infantry military occupational specialty (MOS) was not a requirement for award of the CIB when it was originally created.  War Department (WD) Circular 269, dated 27 October 1943, established the CIB.  It did not require a member to hold an infantry MOS.  Those criteria evolved in 1961 and did not pertain to the World War II era or to the men of the Provisional Air Corps Regiment.   

3.  He describes the conditions under which the men of the Provisional Air Corps Regiment lived during the defense of the Philippines in 1941 and 1942.  He cites an excerpt from a U.S. Army Center of Military History (CMH) publication that states:

* the Provisional Air Corps Regiment was deployed on the II Corps line and was composed of about 1,400 airmen equipped as infantry and led by an experienced infantry officer
* when the final Japanese offensive began, the Provisional Air Corps Regiment was the only American infantry on the front line
* chemical warfare and other personnel who participated in the last few days of fighting were awarded the CIB, but members of the Provisional Air Corps Regiment were not

5.  He provides:

* self-authored statement
* documents labeled exhibits A through I
* WD AGO Form 52-1 (Report of Death)
* correspondence to and from the Army Review Boards Agency and Air Force Review Boards Agency 
* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* his passport
* his birth certificate
* his DD Form 737 (Immunization Certificate)

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using a reconstructed record provided by NPRC and documents provided by the applicant.

3.  On 4 October 1940, the FSM enlisted in the Regular Army.  

4.  A WD AGO Form 52-1 shows the FSM was in a beleaguered status from 8 December 1941 to 6 May 1942.  He was in a prisoner of war (POW) status from 7 May 1942 through 9 July 1943, on which date evidence was considered sufficient to establish the fact of his death.  The form shows his date of death was 1 November 1942, and shows he was assigned to the Army Air Corps.  

5.  The American Battle Monuments Commission website shows the FSM is memorialized on the Tablets of the Missing, Manila American Cemetery, Manila, Philippines.  The entry for the FSM shows he was assigned to the 7th Material Squadron, 5th Air Base Group.  

6.  On 10 April 2012, in response to a request from the applicant to obtain all awards and decorations to which the FSM was entitled, the Awards and Decorations Branch, U.S. Army Human Resources Command, stated they were unable to verify the FSM's entitlement to the following awards requested by the applicant:

* BSM (2nd Award)
* Army Good Conduct Medal
* American Defense Service Medal with one Bronze Service Star and Foreign Service Clasp
* American Campaign Medal with one Bronze Service Star
* Asiatic-Pacific Campaign Medal with two Bronze Service Stars
* Overseas Service Ribbon
* CIB

7.  The Awards and Decorations Branch stated, in effect, that they were unable to verify the FSM's entitlement to the CIB and an additional award of the BSM based on award of the CIB without official documentation showing he had been assigned to an infantry unit performing infantry duties.  

8.  The applicant provides, in part, a history of the 5th Army Air Force (AAF) showing that the ground echelons of several AAF units in the Philippines were assigned to fight as infantry in December 1941 and that the ground echelons of several units remained in the Philippines after their air echelons departed for Australia and other locations in the Pacific theater.  The document does not mention the 7th Material Squadron or the 5th Air Base Group.  

9.  WD Circular 269, dated 27 October 1943, established the Expert Infantryman and Combat Infantryman Badges.  

	a.  It stated, "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.

10.  WD Circular 269 was rescinded by WD Circular 186, dated 11 May 1944.  

	a.  It stated, "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.

11.  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.

12.  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 awarding the FSM the CIB and the BSM based on award of the CIB.   

2.  The applicant contends that the FSM met the criteria for award of the CIB through his service with the Provisional Air Corps Regiment during the defense of the Philippines.  Although the available records do not clearly establish whether or not the FSM served with the Provisional Air Corps Regiment on the II Corps line during the defense of the Philippines, it is reasonable to presume that he did so considering the tactical situation.  History shows that most Soldiers who remained in the Philippines in 1942 were employed as infantry.  

3.  Notwithstanding the probability that the FSM and other airmen were employed as infantry during the period in question, there is no basis for awarding him or other airmen the CIB for that service.  WD Circular 269 clearly shows the CIB was intended for eligible infantrymen.  It 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 stated 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.  The applicant cites a CMH publication that states the CIB had been awarded to chemical warfare and other personnel who participated in the last few days of fighting, but not to members of the Provisional Air Corps Regiment.  Misapplication of the CIB criteria in other cases cannot serve as the basis for granting relief in this case.  

6.  The record shows the FSM was an airman, and it is probable that he was employed as an infantryman prior to the surrender of the Philippines in 1942.  Even though tactical exigencies 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 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:

1.  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.

2.  The Board acknowledges that the FSM lost his life in service to our nation.  This decision in no way diminishes his service or his sacrifice.  The applicant and all Americans should be proud of the FSM's service in arms.  



      _______ _   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)                                         AR20140007692



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ABCMR Record of Proceedings (cont)                                         AR20140007692



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