BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140015370 


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 reconsideration of his previous request for the FSM to be awarded the Combat Infantryman Badge and the Bronze Star Medal (2nd Award).	

2.  The applicant states, in effect:

	a.  He disputes part of the record of proceedings (ROP) which addressed his initial request.

* under the heading "the applicant provides," four of the listed items were not provided by him (DD Form 214 (Report of Separation from the Armed Forces of the United States)), passport, birth certificate, and DD Form 737 (Immunization Certificate))
* WD AGO Form 52-1 was cited as stating the FSM was in a prisoner of war (POW) status from 7 May 1942 to 9 July 1943; the applicant asserts the FSM's POW status actually began with Major General King's surrender on 9 April 1942, and ended with the FSM's death on 1 November 1942

	b.  Regarding the requirements for the award of the Combat Infantryman Badge, the applicant contends the initial ROP perpetuates discrimination against Army Air Corps personnel.  He cites three paragraphs which he feels illustrate this bias.

	c.  He contends the document which established the Combat Infantryman Badge (WD Circular 269, dated 27 October 1943) permitted the award to be given to "any infantryman" [sic, the reference to "any infantryman" is actually found in WD Circular 105, dated 18 March 1944].  He feels WD Circular 269 should be the sole source considered by the Board when determining the FSM's eligibility for the Combat Infantryman Badge.  By using later documents, which are evolutionary in nature, the ROP is applying requirements that do not fit the timeframe for which he is requesting corrective action.

	d.  To further bolster his contention the FSM fought as an infantryman before his capture, he cites two historical sources which essentially affirm the applicant's position all those who remained behind to fight the Japanese were included as elements of a provisional infantry, and that the 7th Material Squadron, of which the FSM was a part, formed a portion of that force.

	e.  As to the validity of approving a second award of the Bronze Star Medal for the FSM, the applicant contends, since the U.S. Army Human Resources Command (HRC) determined the FSM was eligible for a Presidential Unit Citation with three oak leaf clusters (signifying four awards), this award, per the applicable regulation, permits the FSM to receive a Bronze Star Medal.

3.  The applicant provides:

* U.S. Air Force Oral History Interview (K239.0512-1878), donated interview of Lieutenant Colonel (Lt Col) Lxxxxx Zxxxxxxxx, U.S. Air Force Historical Research Agency
* Printable Fact Sheet from the Museum of the Air Force, titled Desperate Defenders: The Provisional Air Corps Regiment 

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 AR20140007692, on 15 July 2014.

2.  The applicant provides new evidence which warrants consideration by the Board.

3.  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.

4.  Available records show the FSM enlisted in the Regular Army on 4 October 1940 and was a member of the Army Air Corps.  He was stationed in the Philippines as a member of the 7th Material Squadron when Japanese forces attacked on 8 December 1941.  The FSM was first shown in a beleaguered status, then as a POW.  He was reported to have died from disease on 
1 November 1942.

5.  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 within HRC stated they were unable to verify the FSM's entitlement to the Combat Infantryman Badge and a second Bronze Star Medal (awarded based on the Combat Infantryman Badge).  They were not able to find any documentation which clearly showed the FSM was assigned to an infantry unit performing infantry duties, as is required by the governing regulation.  They were, however, able to confirm entitlement to a Bronze Star Medal (1st Award) and a Presidential Unit Citation with three bronze oak leaf clusters (signifying four awards).

6.  The applicant provides:

	a.  U.S. Air Force Oral History Interview Lt Col Lxxxxx Zxxxxxxxx, which includes diary entries made to his wife, and essentially states:

* the diary begins with arrival at Nichols Field, Manila, the Philippines, on 8 May 1941; the writer was the base chaplain
* records the Japanese attack on the Philippines and notes, on 8 January 1942, Colonel Mxxxxxxx was ordered to form a provisional infantry regiment
* describes the movements of the regiment and the hardships endured
* notes the departure of General MacArthur and surrender of American troops
* describes conditions in prison camp, the lack of food, and the presence of pestilence and disease
* the diary includes a sketch of battle positions of the provisional air corps regiment (not provided)
* includes an entry, dated 6 January 1942, wherein the writer notes Colonel Mxxxxxxx called together all officers to tell of the order to form a provisional infantry regiment
* Colonel Mxxxxxxx expressed concern to his higher headquarters the men were untrained, but was assured they would not be used as front-line troops except as a last resort and told reinforcements were anticipated to arrive
* the commander of the 7th Material Squadron was identified
* an entry describes the writer meeting with the commander, 7th Material Squadron after Sunday services

	b.  Fact Sheet titled Desperate Defenders: The Provisional Air Corps Regiment, which in effect states:

* the Provisional Air Corps Regiment (PACR) was created in January 1942 from U.S. Army Air Corps air base, supply, and flying squadrons
* the PACR numbered between 1,000 and 1,400 men
* the PACR took its place on Bataan's defensive line in January 1942
* through February and March 1942, they prepared defensive positions, practiced using their weapons, and repulsed Japanese patrols while engaging in their own reconnaissance patrols
* On 6 April 1942, the Japanese broke through with armor assets and turned into the PACR positions
* without anti-tank weapons or artillery, the PACR was unable to stop the attack
* eventually, the American surrender ended their courageous but futile efforts

7.  War Department (WD) Circular 269, dated 27 October 1943, established the Expert Infantryman and Combat Infantryman Badges.  It was amended by WD Circular 105, dated 18 March 1944, wherein the award of the Combat Infantryman Badge was permitted to be made retroactive to 6 December 1941 (emphasis added) for "any infantryman."  WD Circular 269 was later rescinded, in part because the initial guidance provided by WD Circular 269 was not clear enough in defining eligible recipients.

	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." (emphasis added).

	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.

	c.  When 65 percent of the Table of Organization strength of a company, battalion, and regiment have been awarded the Expert Infantryman Badge or the Combat Infantryman Badge, the unit will be entitled to a white streamer with the appropriate title inscribed in blue letters for the unit guidon, color, or standard.

8.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  

	a.  The Bronze Star Medal 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.  

	b.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  Upon letter application, the Bronze Star Medal may be awarded for 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 Defenses in Corregidor or Bataan.  Only Soldiers who were awarded the Distinguished Unit Citation (Presidential Unit Citation) may be awarded this decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant makes compelling arguments which contend, by virtue of the reasonable presumption the FSM performed infantry duties as part of the PACR, he should be considered to have met the criteria laid out in WD Circular 269 and be made eligible for the award of the Combat Infantryman Badge.

2.  It is evident all who remained behind to defend the Philippines were required to fight as part of an infantry defensive force and faced great hardship in the process.  The applicant's argument, however, serves to inadvertently broaden the scope of the award.  The applicant's interpretation would allow any service member to receive the Combat Infantryman Badge simply because the exigencies of war required them to be deployed as infantry and employ infantry tactics.  The intent expressed in the initiating WD Circular clearly showed this award was to designed to build esprit among, and set high standards for, infantry Soldiers within infantry units.  To further enhance unit esprit, those infantry organizations with 65 percent of their Soldiers receiving either the Expert or Combat Infantryman Badge were awarded a special white streamer for the unit guidon in recognition of this fact.  The exclusivity implied by being only for infantry Soldiers and infantry units was clearly felt to be a contributing factor to building that unit esprit.

2.  The applicant asserts the FSM should be entitled to a Bronze Star Medal (2nd Award) based upon the Combat Infantryman Badge.  Should that not be available, he contends the Bronze Star Medal should be awarded as a result of the FSM receiving the Presidential Unit Citation with three oak leaf clusters (i.e. for four awards).  Because the evidence does not support the award of the Combat Infantryman Badge, it cannot be used as a basis for the award of a second Bronze Star Medal.  The first award of the Bronze Star Medal was based upon the Presidential Unit Citation.  There is no provision in the regulation for the award of additional Bronze Star Medals where additional Presidential Unit Citations have been awarded.

3.  Given the foregoing, there is, unfortunately, insufficient evidence upon which to base the granting of the relief requested.

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 to amend the decision of the ABCMR set forth in Docket Number AR20140007692, on 15 July 2014.

2.  This decision in no way diminishes the great sacrifices made and the excellence of service performed by the FSM.  The Board acknowledges the FSM's service to our nation and that, as a result of his service, he lost his life.


The applicant, as well as all Americans, can justifiably 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)                                         AR20140015370





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ABCMR Record of Proceedings (cont)                                         AR20140015370



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