Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9711309
Original file (9711309.rtf) Auto-classification: Denied
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

Similar Decisions

  • ARMY | BCMR | CY2004 | 2004106339C070208

    Original file (2004106339C070208.doc) Auto-classification: Denied

    The Official Statement of Military Service on file pertaining to the applicant confirms he served as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the Armed Forces of the Untied States, pursuant to the Call of the President of the United States, dated 26 July 1941, from 10 May 1942 until being honorably discharged on 20 November 1945. On 16 September 1949, an official of Headquarters, Adjutant General Records Depository, Philippines...

  • ARMY | BCMR | CY2001 | 2001062162C070421

    Original file (2001062162C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his service from 14 July 1942 to 27 June 1947, be recognized as service in the Army of the United Service (AUS) as a commissioned officer. The applicant was inducted into the AUS on 14 July 1942. An original WD Form 384 (War Department Officers’ Pay, Allowances, and Mileage Voucher), paid on 29 June 1947, shows that the applicant was an AUS first lieutenant in the infantry who entered active duty on 14 July 1942, from “Babadi, Nueva Vizcaya,”...

  • ARMY | BCMR | CY2009 | 20090001710

    Original file (20090001710.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant also states that the FSM retired on 31 January 1948, after 34 years of active service. The applicant provides the following documents in support of the application: Self-Authored Letter; Standard Form 192 (Report of the Death of an American Citizen); Certificate of Naturalization; Certificate Birth; WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge ),...

  • ARMY | BCMR | CY2002 | 2002073138C070403

    Original file (2002073138C070403.rtf) Auto-classification: Approved

    In his 5 April 2002 request [which was closed without action on 8 May 2002 by the Army Review Boards Agency in St. Louis because of insufficient records], the applicant states that he entered the USAFFE (United States Army Forces Far East) on 9 January 1942 and reverted to an inactive status on 25 March 1946. The military records available to this Board are those submitted by the applicant. On the same date, President of the United States … issued a Military Order which called the...

  • ARMY | BCMR | CY2002 | 2002071980C070403

    Original file (2002071980C070403.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. the Armed Forces during World War II – (1) was captured within the territory of the Philippines by Japanese forces;(2) escaped from captivity; and(3) served as a guerilla fighter in the Philippines during the...

  • ARMY | BCMR | CY2011 | 20110023772

    Original file (20110023772.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. The applicant is therefore not entitled to award of the BSM since there is no evidence to show the applicant is eligible for the CIB thereby making him eligible...

  • ARMY | BCMR | CY2003 | 03097406C070212

    Original file (03097406C070212.doc) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the records of his father, a deceased Army officer, be corrected to show that his unit of assignment at the time of his death was the 61st Field Artillery Regiment (Philippine Army) and not the 23rd Field Artillery Regiment (Philippine Scouts). The most official document, which is available to the Board, is the typed casualty report, prepared on 12 November...

  • ARMY | BCMR | CY2012 | 20120011954

    Original file (20120011954.txt) Auto-classification: Denied

    It states the CIB may be awarded to any infantryman who, on or after 6 December 1941, has established eligibility under the criteria provided in WD Circular 269. d. Members of the 26th Cavalry Regiment met the requirement that infantryman, including officers, establish eligibility to wear the CIB. The WD circulars do not require a combatant to be assigned to an infantry unit, but to serve as an infantryman. The circular also states the badges were "established for infantry personnel."

  • ARMY | DRB | CY2005 | 20050006574

    Original file (20050006574.doc) Auto-classification: Approved

    The applicant requests, in effect, reconsideration of his application for correction of his father's record to show his unit of assignment, at the time of his death, was the 61st Field Artillery Regiment (Philippine Army (PA)) and not, the 23rd Field Artillery Regiment (Philippine Scouts (PS)). Item 9 of the Proceedings states that documents from the Center for Military History have no references to the 61st Field Artillery Regiment (PA) but, the applicant states, this is not correct as...

  • ARMY | BCMR | CY2013 | 20130019296

    Original file (20130019296.txt) Auto-classification: Denied

    The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show that he participated in the Philippine Campaign during World War II and award of the Philippine Liberation Medal and any other awards and decorations to which he is entitled. The FSM's available record is void of evidence and the applicant has not provided evidence showing specific geographic...