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ARMY | BCMR | CY2001 | 2001062127C070421
Original file (2001062127C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2001062127

         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.

Mr. Carl W. S. Chun Director
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Walter T. Morrison Member
Mr. Christopher J. Posser Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Philippine Defense Ribbon and the Philippine Independence Ribbon.

APPLICANT STATES: That his unit, the 226th Field Artillery (FA) Battalion (Bn), was part of the XXIV Corps during the Leyte Campaign. He states that he still has the "invasion money" that was issued to US troops during the retaking of the Philippines. He adds that the 226th FA Bn had 155mm guns known as "Long Toms." In support of his request, he submits a copy of his Honorable Discharge Certificate, his WD AGO Form 53-55, four electronically transmitted pages of Army Regulation 600-8-22 (Awards) governing the Philippine Defense Ribbon and the Philippine Independence Ribbon, and a handout from the 105th Field Artillery Veterans Association, Incorporated, dated 1 August 1984.

EVIDENCE OF RECORD: The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant.

The applicant’s WD AGO Form 53-55 shows:

         a. He enlisted in the Army National Guard on 13 November 1938 and entered into active service on 15 October 1940 at New York, New York. He was separated with an Honorable Discharge on 4 November 1945 by reason of convenience of the Government (demobilization) under the provisions of Army Regulation (AR) 615-365, then in effect.

         b. He departed the United States on 7 April 1942, arriving in the Western Pacific Theater of Operations (WPTO) on 17 April 1942. His travels are not further delineated, however, on 2 October 1945, he departed the WPTO, arriving in the United States on 25 October 1945.

         c. During his service in the WPTO, the applicant was assigned to the 226th Field Artillery Battalion, 27th Infantry Division. He is credited with serving in one campaign - Western Pacific (15 June 1944 to 2 September 1945).

         d. He was awarded the Good Conduct Medal, the American Defense Service Medal, the American Service (sic) Medal, the Asiatic-Pacific Campaign Medal, and the Honorable Service Lapel Button.

         e. His Arm of Service is listed as "MD" for Medical Department, his Military Occupational Specialty (MOS) is listed as "Medical NCO - 673," and his rank is shown as "S/SGT" or Staff Sergeant.


The 27th Infantry Division was activated from the New York Army National Guard on 15 October 1940. The Division arrived in Hawaii on 21 May 1942 with the mission to defend the outer islands from amphibious attack. One of the Division's subordinate units was the 105th Field Artillery Regiment. In August 1942, the Division reorganized into a triangular configuration and the 105th Field Artillery Regiment was inactivated and replaced by separate battalions with the 1st Battalion, 105th Artillery Regiment being redesignated as the 226th Field Artillery Battalion. The 226th Field Artillery Battalion was stationed on the island of Maui. In January 1944, the unit was relocated to the island of Oahu, given 155mm guns, and attached to the XXIV Corps. The unit participated in the Leyte Campaign - 17 October 1944 to 1 July 1945.

On 7 December 1993, the National Personnel Records Center (NPRC), St. Louis, Missouri, issued the applicant all of the medals listed on his WD AGO Form 53-55. Additionally, he was issued the World War II Victory Medal, one bronze service star for wear on the Asiatic-Pacific Campaign Medal and the Sharpshooter Badge with Pistol Bar. There is no evidence to indicate that he was ever issued the Philippine Defense Ribbon or the Philippine Independence Ribbon.

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states, in pertinent part, that:

a. The Philippine Defense Ribbon is awarded for service in the defense of the Philippines from 8 December 1941 to 15 June 1942. To qualify for the award, soldier must have been: a member of the defense garrison of the Bataan Peninsula or of the fortified islands at the entrance to Manila Bay; a member of, and present with, a unit actually under enemy fire or air attack; served on a ship which was under enemy fire or air attack; or been a crewmember or passenger in an airplane which was under enemy aerial or ground fire.

         b. The Philippine Independence Ribbon is authorized by DA Circular 59, 1948. Any recipient of both the Philippine Defense Ribbon and Philippine Liberation Ribbon is eligible for award of the Philippine Independence Ribbon.

         c. The Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions: (1) Participation in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944; (2) Participation in


any engagement against the enemy during the campaign on Leyte and adjoining islands, or other designated island; or (3) Service in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.

Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in World War II. This document shows that the applicant's unit, the 226th Field Artillery Battalion, participated in 2 campaigns -- the Leyte Campaign - 17 October 1944 to 1 July 1945 and the Ryukyus Campaign - 26 March-2 July 1945. AR 600-8-22 authorizes a Bronze Service Star to be worn on the appropriate campaign medal for each campaign participation credit.

DA PAM 672-1 also shows that the applicant's unit was awarded the Philippine Presidential Unit Citation by Department of the Army General Order 47, dated 1950, for its participation in the Leyte Campaign.

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

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The available evidence does not support award of the Philippine Defense Ribbon or the Philippine Independence Ribbon. In view of the foregoing, there is no basis for granting the applicant's request.

3. However, the Board is satisfied that the applicant participated in the Leyte Campaign and that he is entitled to award of the Philippine Liberation Ribbon and the Philippine Presidential Unit Citation. He is also entitled to have his WD AGO Form 53-55 corrected to show award of the World War II Victory Medal and 2 additional bronze service stars for wear on the Asiatic-Pacific Campaign Medal.


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

NOTE
: Request that the Army Review Boards Agency, Support Division, St. Louis, furnish the individual concerned a DD Form 215, (Correction to WD AGO Form 53-55) to show, in Item 33; he was awarded the World War II Victory Medal, the Philippine Liberation Ribbon, 3 bronze service stars for wear on the Asiatic-Pacific Campaign Medal and, in Item 32; he participated in the Leyte and Ryukyus Campaigns.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___fne___ ___cjp __ ___wtm__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001062127
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020502
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19451104
DISCHARGE AUTHORITY AR615-365
DISCHARGE REASON A03.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0082
3. 107.0084
4.
5.
6.


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