All units participated in the battles of Bataan and Corregidor between the dates of 7 December 1941 and 10 May 1942 earned at least one DUC (PUC).
All recipients of the PUC are entitled to the BSM.
All U.S. Army personnel involved that fought as infantrymen are enititled to the BSM (OLC) [with] the Combat Infantryman badge (CIB). Documents reveal active duty personnel and civilian employees of the U.S. Army have (since 2003) denied veterans of the battles full recognition based on guidelines not pertaining to the time frame of service.
ISSUE - APPICABILITY OF LATER POLICY
The Army Regulation 600-8-22 dated 11 December 2006 and later WD Circulars for ABCMR in these cases purports to consider guidelines developed after the fact in analyzing such cases. The unfairness of this consideration is obvious. If they were to be applied to all cases, it would call for the removal of the Combat Infantryman badge from those veterans previously awarded them. In fact application of a later policy to facts surrounding a 1941/1942 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. The fact that the Army chose to change the policy relating to the badge cannot be applied to the facts of these cases.