Portions of the decision by the Army responding to a request for the CIB:
1. The applicant, as the son of the deceased former service member (FSM), requests correction of his late father's records to show award of the Combat Infantryman Badge
3. The FSM's WD AGO Form 53-55 shows he was inducted on 6 March
1943 and entered active duty on 13 March 1943. The FSM arrived in the Middle Eastern Theater of Operations on 12 February 1944 and in the European Theater of Operations on 3 March 1944. He departed the European Theater of Operations on 13 December 1945. The FSM was honorably discharged on
30 December 1945. Item 4 (Arm of Service) of his WD AGO Form 53-55 shows the entry "CE" (Combat Engineer).
4. There are no orders in the FSM's service personnel records awarding him the Combat Infantryman Badge.
5. The applicant provided a memorandum from the Commanding General of Headquarters, VI Corps, dated 30 July 1944. The Commanding General stated that War Department Circular Number 186, dated 11 May 1944 established the Combat Infantryman Badge to be awarded to Soldiers assigned, with certain exceptions, to infantry regiments or lower infantry units for exemplary conduct in action against the enemy. He felt that the Soldiers of the 36th Engineer Combat Regiment qualified for award of the Combat Infantryman Badge within the spirit of War Department Circular Number 186. It was denied them, however, by the letter of the circular.
6. The Commanding General stated that Soldiers from the 36th Engineer Combat Regiment served and performed duties as infantryman from the Italian Campaign to the present. The Commanding General further recommended that the War Department Circular awarding the Combat Infantryman Badge be broadened or interpreted to permit the award to the 36th Engineer Combat Regiment.
7. Headquarters, 540th Engineer Regiment General Orders Number 24, dated 15 October 1944, shows that officers apparently from that engineer unit were awarded the Combat Infantryman Badge.
8. The applicant provided a letter from a former member of the 36th Engineer Combat Regiment. The author stated that all veterans of the 36th Engineer Combat Regiment were eligible for the Combat infantryman Badge. The author continued that he sent 70 pages of documentation to his Congressman and had the badge in about a month with an award letter. The author gave instructions on how to request the Combat Infantryman Badge through a Congressional Representative.
13. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
14. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM should be awarded the Combat Infantryman Badge for his service with the 36th Engineer Combat Regiment in the European Theater of Operations. He provided a memorandum from the Commanding General of Headquarters, VI Corps who recommended the unit be awarded the Combat Infantryman Badge and a letter from a former Soldier of the 36th Engineer Combat Regiment indicating how to obtain the award. He does not provide the source document that led this Soldier to believe Soldiers of the 36th Engineer Combat regiment had been awarded the Combat Infantryman Badge. Further, the FSM's WD AGO Form 53-55 shows his arm of service as Combat Engineer.
BOARD VOTE:
__XXX __ ___XXX _ __XXX __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
Please note, Army Regulation 600-8-22 (Military Awards) was not initiated during WWII. It was quite a few years after. The requirements listed in the above AR do not involve WWII veterans. For all combat action from 7 December 1941 to 11 May 1944, War Department Circulars 269 and 105 pertain to all Army combatants against the enemy, including members of the 36th. They authorize the CIB to “any infantryman”.
I have been involved with this subject and contributed to the forum substantially. However, since I do not have a family member involved with the injustice, I can only provide, and advise.
Solution: To contact a member of the Armed Service Committee. Request the Missing Medals Act be introduced to the floor of the Senate and/or House. The Act contains guidelines involving the Purple Heart and CIB. In order to enforce the guidelines, the Act must be passed into a law.
The Act was prepared for all theaters of operation. Until enforcement is enacted, the Army will continue to violate the U.S. Constitution as it has since 1948.
The following is paraphrased from a local attorney who provided a letter:
ISSUE - APPICABILITY OF LATER POLICY
In fact application of a later policy to facts surrounding a WWII event constitutes ex post facto application of law, specifically prohibited in the US Constitution by the prohibitions in Article 1, 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 that 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.
Please advise if interested in a copy of the Missing Medals Act.
Robert
