APPLICANT REQUESTS:  In effect, that his service in the Philippine Scouts be validated as service in the Army of the United States (AUS).

APPLICANT STATES:  That he served during World War II in the Philippine Scouts in an AUS status.  His AUS status was later illegally revoked and he is now being denied veterans benefits.  He cites court cases and Board of Veterans Appeals rulings which found in the favor of other Philippine Scouts in regard to veterans benefits.

EVIDENCE OF RECORD:  The applicant's military records show:

He was issued a WD AGO Form 53-98, Military Record and Report of Separation, Certificate of Service, which shows that he entered on active duty in a Philippine Scout unit on 15 July 1942, served as a commissioned officer and was honorably discharged as a first lieutenant on 10 October 1947.

The Philippine Army consisted of a Regular and Reserve Force organized under the Philippine National Defense Act (Commonwealth Act #1, 21 December 1935).  By executive order of the President of the United States on 26 July 1941, all organized Philippine military forces were called into the service of the Armed Forces of the United States.  These combined forces are referred to as the United States Armed Forces Far East.  However, this service has not been considered as active service in the AUS and is not creditable under title 10, U.S. Code, section 3914-3917 or any other statute authorizing retirement for U.S. Army personnel.  The Philippine Commonwealth Army maintained its distinct identity at all times during World War II and maintained its own records.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant served in the Philippine Commonwealth Army as a Philippine Scout, not in the AUS.

2.  Although the applicant may be assured that his service in the Philippine Scouts contributed to the defeat of the Axis powers during World War II, he did so in the employ of a Government other than the United States.  The same was true of soldiers from other Allied powers during World 
War II, such as England or Australia.
3.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Karl F. Schneider
						Acting Director