Applying guidelines effective after the fact

3,123 Views | 10 Replies | Last: 7 yr ago by 7thmateriel
Robersabel
How long do you want to ignore this user?
An unknown number, perhaps thousands of combatants who fought the enemy during battles of Bataan and Corregidor were assigned to units not designated infantry before the war, and possessed the MOS other than infantry. The time period: 7 December 1941 to 10 May 1942.
Records reveal the U.S. Army and USAR approved the Combat Infantryman badge (CIB) to veterans who were assigned to AAF units, Provisional Air Corps organizations, tank battalions, coast artillery regiments, ordnance units, etc., post WWII to as recent as January 2003.
Justification for awarding the CIB was based on two War Department Circulars, 269 dated 27 October 1943 and 105 dated 13 March 1944. The latter amended the former WDC and made retroactive on or after 6 December 1941.
Circumstances did not include requirement(s) to be assigned to an infantry unit or possess the MOS of an infantryman. The former requirement was not listed until 11 May 1944. The latter circumstance was not required until after WWII.
Yet, for the past number of years, civilian employees representing three offices of the USA mirror their responses by justifying denials on guidelines after the fact. They are dated 1944, 1945, 1948 or as recent as the Vietnam era.
A document dated 10 March 1952 (in part) states: Eligibility of a veteran previously assigned to the 31st Infantry Regiment “caused a study to be made by a Board consisting of Air Force, Service Force, Ground Force, and a representative of the Adjutant General. The recommendation of General MacArthur were obtained. (It has been determined that General MacArthur did not say “No” to awarding the Combat Infantryman badge to this category of personnel. This office was mislead by part of a comment to this effect which has been placed in the policy file – see TAB B). Even though General MacArthur recommended that the Combat Infantryman badge be awarded to those that acted as Infantry in defense of the Philippines, the Board recommended and its recommendation were approved by Assistance Chief of Staff, G-1, that the award be confined to officers, warrant officers, and enlisted men assigned to Infantry Regiments, Infantry Battalions, and elements thereof designated as infantry in Table of Organization and Equipment.”

WDC 408, dated 17 October 1944,
“1. Eligibility.---Effective 1 November1944 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 ele-
ments thereof designated as infantry in tables of organization or tables of organi-
zation and equipment.”

According to the wording of above two paragraphs, the Board consisting of Air Force, Service Force, Ground Force, a representative of the Adjutant General, and Assistance Chief of Staff, G-1 have violated the U.S. Constitution.

A local attorney (retired USAFR Colonel, former JAG Officer) provided a five page letter of legal opinion. He states (in part), application of later guideline(s) to facts surrounding the time frame of the event constitutes ex post facto application of law, specifically prohibited in the U.S. Constitution by the prohibitions in Article I, Section 9, Clause 3, against bills of attainder and ex post facto laws. Awards and decorations, like other rights, must be considered as of the date the benefit was earned. Application of different standards, arising out of different sensibilities in different wars, wreaks havoc on any sense of equal application of laws.
A letter dated 8 February 2013 responded to the NOK for the request of the CIB:
(in part) “As stated in our previous responses, we are unable to authorize award of the Combat
Infantryman Badge. In March of 1988 the Secretaries of the Army and Air Force agreed the
members of provisional Infantry units were not entitled to award of the Combat Infantryman Badge for their service during the defense of the Philippine Islands.”
(No justification presented for their decisions).
A letter dated 10 April 2012 responded to the NOK for the request of the CIB:
“In reference to awards of the Bronze Star Medal with one Bronze Oak Leaf Cluster and
Combat Infantryman Badge, we are unable to verify Technician Forth Class Bruntmyer’s
entitlement to the Combat Infantryman Badge and are therefore unable to verify his entitlement to an
additional award if the Bronze Star Medal. We note that in your request you state that the 7th
Material Squadron became part of both the 1st Provisional Air Corps Regiment and 2nd Provisional
Infantry Regiment. However, without documentation indicating your brother was assigned to
these units and performing these duties, we are unable to award the Combat Infantry Badge or
additional award of the Bronze Star Medal.”

(Have all recipients of the CIB provided evidence they performed “these duties”?)

The above responses are examples of how members and /or employees of the U.S. Army have provided an unbalance scale of recognition towards WWII combat veterans. It is common to locate a decision by the Army Board for Correction of Military Records denying veterans the Purple Heart and/or CIB based on guidelines after the fact.

What is the answer to correct such injustice? Court action would be one avenue, but who has $40,000 (quoted) to pay an attorney?

Robert
CanyonAg77
How long do you want to ignore this user?
AG
What is your point, and/or what do you want us to do about it?

Do you or a relative think you qualify for a CIB, or do you just think this is an injustice in general?

Robersabel
How long do you want to ignore this user?
What is your point, and/or what do you want us to do about it?

My point is most avenues have been tested only to be ignored or no support offered for these veterans and/or NOK.

Do you or a relative think you qualify for a CIB, or do you just think this is an injustice in general?

A wide brush has been applied towards this subject by civilian employees of the U.S. Army. All with denials based on guidelines after the fact.

The individual (retired USAF Colonel) who exposed the subject,went to his grave without full recognition. Most recently, a retired Army Lt. Colonel was denied like recognition based on guidelines as recent as the Vietnam era. Again, acts performed in combat occurred during 1941/1942. He was buried June 28, 2013.

My purpose is to locate an individual who will be interested in these veterans who exist today, and NOK of veterans who are being denied. (Family members of several veterans reside in Texas).
sanbru817
How long do you want to ignore this user?
I had a brother who participated in the battles during the period Robert described. He lost his life in captivity. My requests to the U.S. Army for the Bronze Star Medal [with] the CIB have been futile. The justifications range from guidelines dated more recent than 1942 to no evidence he fought the enemy as an infantryman.

I wish to add that through, the assistance of the former commenter Robert Johnson, I have accomplish the obtaining of a Bronze Star Medal, a Purple Heart Medal, a POW Medal, an Army Good Conduct Medal, an American Defense Medal w/Bronze Service Star, an American Campaign Medal, an Asiatic Pacific Campaign Medal w/Bronze Service Star, a WWII Victory Medal, a Philippine Defense Medal w/Bronze Service Star and an Army Presidential Unit Citation w/3 bronze oak leaf clusters. Therefore I feel he is a person who needs to be heard!

I find it troubling that those “civilian” individuals making decision pertaining to matters they refuse to recognize even happened is ludicrous, to say the least..

Ray
denied
How long do you want to ignore this user?
This may be a fight you can't win. While the circulars provide guidance it comes down to what is entailed in AR 600-8-22 Chapter 8-6 (as that is what the DA civilians know) and its predecessors. You are trying to get a CIB for an individual who was not an infantryman 80+ years later. You will have to show the Army the regulation that says non-infantrymen could get it during WWII, you will have to show this person was in an infantry unit, and you will have to show that this person was actively engaged in ground combat.

To get a CIB currently you have to have two sworn statements showing that all of the various requirements are met.

edit: You also have to remember the spirit under which the CIB was created. In 1943 the Army was having a problem attracting infantrymen. Other newer branches (I guess compared to infantry every branch is new) were attracting recruits. To entice recruits to join the infantry and foster esprit de corps. You also used to get $10/month if you were a badge holder (I wish this were still the case because adjusted that is $150/month and I could enjoy that money).

[This message has been edited by denied (edited 8/2/2013 11:20a).]

[This message has been edited by denied (edited 8/2/2013 11:20a).]
Robersabel
How long do you want to ignore this user?
Appreciate your input.

> This may be a fight you can't win. While the circulars provide guidance it comes down to what is entailed in AR 600-8-22 Chapter 8-6 (as that is what the DA civilians know) and its predecessors.

The above AR was initiated in 1995 and more recent. The acts were performed during 1941/1942 meeting circumstances listed in WDC 269 and 105. AR dated 1995 is obviously after the fact.

> You are trying to get a CIB for an individual who was not an infantryman 80+ years later.

The two guidelines are ‘written in stone’they cannot be changed “80+ years later”

> You will have to show the Army the regulation that says non-infantrymen could get it during WWII,

All Army personnel with a weapon ground fighting an enemy in combat is an infantryman. Records reveal substantial numbers were awarded the CIB without the MOS of an infantryman and/or assigned to an infantry unit in accordance with the two guidelines identified above.

> you will have to show this person was in an infantry unit,

Not listed as a requirement unit 11 May 1944. Battles were over officially 10 May 1942.

> you will have to show that this person was actively engaged in ground combat.

One example, there are four sources describing units involved in the battles. National Museum of the Air Force, United States Army Center of Military History, USA Major, and USA Lieutenant platoon leader consisting of 26 pages for the Provisional Air Corps Regiment.
denied
How long do you want to ignore this user?
quote:
All Army personnel with a weapon ground fighting an enemy in combat is an infantryman
I wouldn't suggest ever repeating this. Part of the point of creating the CIB and EIB was the army needed well trained infantrymen. Just saying to somebody who had finished basic training that had another MOS "you are an infantryman" didn't and doesn't make it so. How many wheeled vehicle mechanics have read 7-8? How many anti-aircraft gunners would know what I meant when I said we were going over 1 Alpha this afternoon?

What the Army really should have done was create a Combat Action Ribbon a long time ago. The CAB is silly and it goes against reviews of the CIB that made it clear this badge should not be downplayed by creating other combat badges.

I even wish they would revise the EIB/CIB to have one badge in three degrees. Have the basic EIB without the wreath for expert infantrymen who have not seen combat, the CIB without the blue enamel for combat infantrymen who are not experts, then the current CIB for expert, combat infantrymen. I for one would not feel that my CIB lost any of its luster by removing the blue enamel. In the process though I wish they would get rid of the CAB and create an combat action ribbon like was originally planned.
Robersabel
How long do you want to ignore this user?

> How many anti-aircraft gunners would know what I meant when I said we were going over 1 Alpha this afternoon?

Since you mentioned anti-aircraft gunners…they were awarded the CIB during WWII as well.

FOR IMMEDIATE RELEASE

Serifin Venegas

CONTACT: KELLY LIZÁRRAGA
August 14, 2002 (202) 225-1766
MEDIA ADVISORY

ROYBAL-ALLARD WILL HONOR TWO LOCAL VETERANS TOMORROW
Congresswoman Lucille Roybal-Allard will pin medals on two local veterans tomorrow, Thursday, August 15th, in a ceremony at Patriotic Hall, 1816 Figueroa Street, in Los Angeles, at 10:30 a.m.
Mr. Serafin Venegas
Mr. Venegas will be honored for his service during World War II. Born in the United States, Mr. Venegas moved to Mexico with his parents at a young age. In November, 1943, he returned to the United States and enlisted in the U.S. Army, despite speaking no English.
Private First Class Venegas served in Okinawa, Japan under the 382nd Anti-aircraft Artillery Automatic Weapons Battalion. After three years, Mr. Venegas was honorably discharged from the military on August 12, 1946.
Mr. Venegas will receive the following honors:
• Bronze Star Medal for his meritorious achievement in ground combat against the armed enemy in the Asiatic-Pacific Campaign during World War II;
• Good Conduct Medal for distinguishing himself among his fellow soldiers by his exemplary conduct, efficiency and fidelity;
• Asiatic-Pacific Campaign Medal for being on permanent assignment outside the continental limits of the United States, and for active combat against the enemy;
• World War II Victory Medal, for service during World War II;
• Combat Infantry Badge for engaging in active ground combat; and
• Honorable Service Lapel Button WWII for honorable Federal Military Service.
Tango Mike
How long do you want to ignore this user?


[This message has been edited by Tango mike (edited 8/3/2013 3:07p).]
denied
How long do you want to ignore this user?
quote:
Since you mentioned anti-aircraft gunners…they were awarded the CIB during WWII as well.


But why and was it appropriate? Awarding the CIB to everyone who saw ground combat in WWII (and every war since then) defeats the spirit of the award. Plus the example you sight is a retroactive award 60 years after the fact. Can you show me some guys that got their CIB in 1944/45 who were not infantry guys?
Robersabel
How long do you want to ignore this user?
> But why and was it appropriate?

Perhaps my initial entry was confusing.

Justification for awarding the CIB to participants of the battles of Bataan and Corregidor which occurred from 7 December 1941 to 10 May 1942 was based on two War Department Circulars, 269 dated 27 October 1943 and 105 dated 13 March 1944. The latter amended the former WDC and made retroactive on or after 6 December 1941.

WDC 105, page 2, para IV states (in part), the CIB may be awarded to any infantryman. Unlike recent guidelines which require the combatant to be assigned to an infantry unit, is dated 11 May 1944, and assigned to an Infantry unit and elements thereof designated as Infantry in tables of organization or tables of organization and equipment is dated 17 October 1944.

The act(s) performed during 1941/1942, meeting circumstances listed in WDC 269 and 105. No other guideline applies regarding the CIB.

> Awarding the CIB to everyone who saw ground combat in WWII (and every war since then) defeats the spirit of the award.

Please do not combine different wars due to circumstances listed in guidelines have been changed. You do not defeat the spirit of awarding the CIB is in accordance to guidelines.

> Plus the example you sight is a retroactive award 60 years after the fact.
Guidelines allow Expert and Combat Infantryman badges be awarded to eligible and qualified personnel with no time limit.

Veterans, Individual Ready Reserve members, members of other U.S. services and foreign military personnel should submit a written request directly to U.S. Army Human Resources Command ATTN: AHRC-PDO-PA, 200 Stoval Street Alexandria, VA 22332.
> Can you show me some guys that got their CIB in 1944/45 who were not infantry guys?
I previously provided one on Okinawa. I will provide the most recent. You must realize the majority of over 15,000 American military personnel and an unknown number of Filipinos were taken prisoner, killed in action or lost their lives in captivity.
No veteran was available until late 1945 when repatriated. Thousands perished in “Hell Ships”.
News-Info-Alerts
Re: Long Overdue War Medals Awarded
From: POW-MIA InterNetwork
Date: January 06, 2003
"Pawtucket veterans receive long-overdue war medals

Joel Furfari

PAWTUCKET -- More than five decades after narrowly escaping death while fighting against the Japanese in World War II, two longtime Pawtucket men were finally recognized by the U.S. government and given new medals for their service.

James Brennan and Robert Kerle, both of Pawtucket, received a total of 11 new medals after Rep. Patrick Kennedy and his staff worked with the federal government to get the awards that the veterans had never received.

"I’m very thankful to be alive, and this is the greatest country in the world," Brennan said Monday evening after Kennedy presented the medals to he and Kerle at his Pawtucket district office.

Mike McCarthy, an aide to Kennedy, said cases like this aren’t unusual for World War II veterans.

He said a 1973 fire at the National Personnel Records Center in St. Louis is behind many of the delays in obtaining medals they have experienced.

"This was a massive fire that destroyed a lot of the records of World War I and World War II vets. So now they are just getting around to awarding the actual medals," he said.

Kerle said he told the Democratic congressman about the oversight and that he didn’t hear anything back until recently, when he was notified that he would receive the Good Conduct, American Defense Service, American Campaign, Asiatic Pacific Campaign, World War II Victory and Philippine Liberation medals and the Honorable Service Lapel Button.

Brennan received the Prisoner of War and World War II medals, the Combat Infantryman Badge and the Honorable Service Lapel Button.

"They want to make sure that history isn’t forgotten and that people -- particularly their families -- remember the sacrifices they made for their country," Kennedy said during the event, which was attended by members of the men’s families.

Both men survived their tours of duty despite incredible odds and harrowing war stories.
Brennan was a member of the U.S. Army Air Corps at the start of the war against Japan in 1941 when Gen. Douglas MacArthur turned him and other airmen into infantry soldiers to fight on the Bataan Peninsula in the Philippines.

"I never fought in hand-to-hand combat, but the Japanese were as close as the other side of the street," he said.
During that time, Brennan was captured and forced to walk almost 90 miles in what is now known as the infamous Bataan Death March.

Later he was put on an unmarked freighter and sent to Thailand even while American submarines were routinely sinking such ships. Brennan was forced to work for two years in Japanese steel mills before being liberated by the Allied forces.

Kerle was also one of the first soldiers to engage the Japanese during the war. He began fighting in 1941 in New Guinea. While in that country, Kerle and his unit were attacked by Japanese snipers hiding in coconut trees, and he survived an intense bombing raid by taking refuge in a foxhole.

"It still shakes you up a bit," he said Monday.

"I endured a lot of narrow escapes. They say cats have nine lives, well I think I used all nine of mine."


©The Pawtucket Times 2003 "
7thmateriel
How long do you want to ignore this user?
While my response is long overdue from the original(s), the issue remains the same and even at this date, both survivors and relatives are attempting to obtain rewards believed due their loved ones who served in all capacities 1941-1945 in the Philippines.

The case cited by Robersabel involves one of the men from my research focus, the 7th Materiel Squadron, 19th Bombardment Group. Briefly, the 7th, the ground echelon for the 19th Bombardment and attached to Clark Field, although holding orders for transfer to Del Monte, effectively became infantry within 2 weeks after 8 December 1941. Officially, they became infantry when assigned to the Provisional Air Corps Regiment (Infantry) on 7 January 1942. From January 1942 until surrender on 9 April 1942, the 7th Materiel and several other "grounded" air units were attached to and served with the PACR(I). The engaged the Japanese at Abucay, Orion and then in delaying actions that ultimately ended with the roll up while holding the last line of defense at Limay.

The 7th was typical of the units. Men were issued 1903 Springfield rifles, given 5-days training and limited firing time. However, many of the NCOs in the 7th were old Army with at least five of them having both infantry and artillery training prior to moving to the Air Corps. In defense of Limay, the 7th was arrayed in a series of machine gun pits. In both official and reconstructed records, the 7th appears on the Table of Organization for the PACR(I). From about 10 Jan 1942 until 6 April 1942, the 7th and the PACR(I) participated in a number of organized engagements staring at Abucay. Men from the 7th successfully participated in organized retograde movements. From 1 April 1942 to 7/8 April 1942, the 7th was under orders to provide covering operations for the other elements of the PACR(I) that were withdrawing and although disorganized by 7/8 April, the remaining members continued to engage the Japanese in this holding action.

Many of the men int he 7th were awarded the Combat Infantry Badge upon their temporary return to Manilla and the recovery hospital. Many were also awarded the Bronze Star. The 1973 fire that damaged and destroyed service records makes it impossible to establish exact location and infantry involvement of all members of the 7th during its attachment to the PACR(I), but unofficial records (Capt. John W. "Jack" Kelly's diary as well as the diary and recollections of others) indicated that most of the men were involved, although some were assigned transportation, kitchen and field recovery responsibilities.

I believe that guidelines allow for a more flexible interpretation. Over the years, in assisting family members, we have been able to obtain the CIB as well as other medals, many times only as the result of months of persistent correspondence and/or involvement by elected officials. In that one member received the CIB (and there are hundreds who have), there can be no viable argument against awarding it to every member of each unit assigned to and involved in ground combat with the Provisional Air Corps Regiment(I).

The fact that some are awarded the CIB long after their death while others and their family members are refused the same badge for the same or similar service is an affront to all.
Refresh
Page 1 of 1
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.