PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 DECEMBER 2002
         DOCKET NUMBER: AR2002073138


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. In effect, the applicant requests confirmation of his military service in the Philippines during World War II.

3. The applicant states he is resubmitting his request for a review of the National Personnel Records Center decision denying his request to correct his records. He encloses documents which he states that the records center failed to furnish this Board. In a 17 March 2002 request for assistance to the Secretary of the Army, he outlined his problems in correcting his records to show his military service.

4. 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. He states that a form 23 was issued in November 1945 and submitted to the records center in St. Louis in 1955. A special order showing that he reverted to an inactive status was submitted. When informed of the denial of his claim for disability compensation because of a lack of 90 days of service, he submitted the original copies of form 23 and special order showing that he reverted to an inactive status, but the records center denied his request for correction. He did not know what to do until recently when he found out there was a board of review.

5. With his 5 April 2002 request, the applicant submitted a nine page narrative of his experiences during the war, to include identifying the units in which he served and the names of his commanders.

6. The military records available to this Board are those submitted by the applicant.

7. A copy of a 20 February 1946 “Affidavit for Philippine Army Personnel” signed by a United States Army summary court officer, indicates that the applicant at that time was an infantry technical sergeant assigned to a Demobilization Team. That affidavit lists the units to which the applicant was assigned, the period that he was assigned to those units, the units’ locations, and the names of his commanding officers. It indicates that he was inducted into the USAFFE – Company E of the 72^nd Infantry, 71^st Division on 9 January 1942, and that the company was disbanded on 9 October 1942. He joined the Eastern Pangasinan

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Guerrilla Forces as a member of the propaganda section, remaining with that force until 1 October 1944. He had no military status until 1 January 1945 when he joined the 66^th Infantry [Regiment]. The unit was reorganized as the 23d Infantry, and he remained with that unit until 25 January 1946, at which time he was transferred to the ROBN [?] with temporary duty to the demobilization team. The affidavit shows that on 20 February 1946 he was being processed. It also shows his promotions and records of his pay, and provides information concerning the illnesses which he incurred.

8. A 23 March 1946 special order issued by the USAFIP [?] Area Command shows that, by the authority of the Commanding General, AFWESPAC (Army Forces, Western Pacific), the applicant reverted to an inactive status of the Philippine Army for the convenience of the government and would proceed to his home on 25 March 1946.

9. A 24 April 1985 certificate from the Ministry of Defense, Armed Forces of the Philippines, indicates that their records showed that the applicant, while a member of the Commonwealth Army of the Philippines, in the service of the USAFFE/GRLA was paid arrears in pay. That certificate shows that the applicant was paid from 9 January 1942 through 30 September 1944, and from 1 January 1944 [should be 1945] through 25 March 1946.

10. The following is quoted from the web site of the National Personnel Records Center in St. Louis: “The Philippine Commonwealth Army was created … approved December 21, 1935. With the threat of war with Japan imminent, on July 26, 1941, a new command in the Far East was created, known at the United States Army Forces Far East (USAFFE), and Lieutenant General Douglas MacArthur was appointed the Supreme Commander. On the same date, President of the United States … issued a Military Order which called the Philippine Commonwealth Army into the service of the Armed Forces of the United States. … Only those units and personnel indicated in orders issued by a general officer, United States Army, … were mobilized and made an integral part of the USAFFE, and only those members of a unit who physically reported for duty were inducted. … After the surrender of American forces in the Philippines in May 1942, independent guerrilla groups, composed of both civilian and military personnel began to form throughout the Islands. Many of these groups worked under the control of General MacArthur’s General Headquarters, Southwest Pacific Area. On 28 October 1944, the President of the Commonwealth of the Philippines … issued Executive Order Number 21, which stated that – All persons … who are actively serving in recognized military forces in the

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Philippines, are hereby considered to be on active service in the Philippine Army … A recognized military force, as used herein, is defined as a force under a commander who has been appointed, designated or recognized by the Commander-in-Chief, Southwest Pacific Area. (A recognized military force is considered the same as a recognized guerrilla force). Service of the Philippine Commonwealth Army in the United States Armed Forces terminated as of midnight June 30, 1946 … .”

11. An 8 December 1941 USAFFE order of battle shows that the 71^st Division (Philippine Army) (Reserve) and its assigned units, to include the 72^nd Infantry, was a part of the North Luzon Force commanded by Major General Wainwright.

12. The Department of Veterans Affairs compensates former soldiers who served with the Commonwealth Army of the Philippines (Philippine Army) and who provided acceptable guerrilla service either as “USAFFE guerrillas” or “Civilian guerrillas.” They are eligible to receive service-connected compensation and clothing allowance benefits. Benefits are payable at a rate equivalent to $0.50 for each dollar authorized to be paid.

CONCLUSIONS:

1. The evidence shows that the applicant was a soldier assigned to USAFFE during two separate periods during World War II - from 9 January 1942 through 30 September 1944, when he was assigned to Company E, 2^nd Battalion, 72^nd Infantry of the 71^st Infantry Division; and to the East Pangasinan Guerrilla Forces; and from 1 January 1945 through 25 March 1946, when he was assigned to Company F, of the 2^nd Battalion, 66^th Infantry, later reorganized as the 2^nd Battalion, 23d Infantry.

2. Consequently, the Board concludes that it would be appropriate, and in the interest of justice, to confirm the applicant’s periods of service while assigned to the USAFFE. However, in view of the fact that it would be impossible to construct a separation document reflecting the applicant’s service, and, because of the passage of time, it is not known if separation documents other than the affidavit submitted by the applicant, were in fact prepared; it would be practical to merely issue statements of service showing the periods that he was assigned to the USAFFE.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing the applicant a statement of service for the period 9 January 1942 through 30 September 1944, and a statement of service for the period 1 January 1945 through 25 March 1946, showing on both those statements that he was a member of the United States Army Forces Far East, and that he was honorably separated in the rank of Sergeant for the first period of service, and Technical Sergeant for the latter period of service.

BOARD VOTE:

__RWA__ __KYF __ __BPI __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Roger W. Able______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073138
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021212
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	129.00
2.
3.
4.
5.
6.