MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        

                  BOARD DATE: 4 November 2003
                  DOCKET NUMBER: AR2003089550

         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		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)

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APPLICANT REQUESTS: In effect, that his name and the name of his runner, a corporal, be included in General Order (GO) Number 76, dated 22 September 1944, and that he receive a second Presidential Unit Citation (PUC) for this action. He also requests that he be awarded the Philippine Independence Ribbon.

APPLICANT STATES: In effect, that he and his runner were with the
2nd Platoon, L Company, 163rd Infantry, during a fire fight with the Japanese near Aitape, New Guinea in April 1944. He states that he has written about his World War II experiences and a former medical corpsman (Medic) of the
163rd Regiment also wrote of his experiences in the South Pacific during the War. Both he and the Medic independently described their participation in what the Medic referred to as the Roadblock at Kamti Village. These descriptions contain many similarities and he hoped that this would convince the Board that he and his runner participated in this action.

The applicant further states that he never saw nor received a copy of War Department (WD) GO 76, dated 22 September 1944, which awarded the unit the PUC and listed the men who participated in the action. He states that his name and the name of his runner were not included in this list. He states that not having the GO made it difficult to convince the Board that he and his runner were attached to this unit when he previously applied. He states that a couple of facts should support his claim. He and the Medic described the same event where one of the soldiers was struck by a box and they both described the unfortunate happenings of a sergeant, although their interpretations of that incident differ. He asks that the fact that his unit commander requested him to accompany the platoon in question on this assignment be acknowledged and that he and his runner receive credit for their participation.

The applicant also requests that he be awarded the Philippine Independence Ribbon. In support of his application, he provides the enclosed self-authored letter that contains his version of the facts and circumstances that support his request and an extract of the Medic’s writings that includes a reference to
WD GO 76.

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

That he served on active duty from 1 December 1941 through 26 June 1948. His separation document confirms that he served in the Pacific Theater of Operations from 6 April 1943 through 12 May 1945 and that he participated in the Papua, New Guinea, Luzon, and Southern Philippines campaigns.

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The separation document also confirms that he held the rank of captain on the date of his separation and that he earned the following awards during this period of active duty service: Purple Heart (2); Silver Star; and Distinguished Unit Emblem (now known as PUC); American Defense Service Medal; American Campaign Medal; Philippine Liberation Medal, World War II Victory Medal; and Combat Infantryman Badge.

The applicant’s Military Personnel Records Jacket (MPRJ) contains supporting orders and documents for all the awards listed in his separation document. However, there are no orders or other documents that confirm the applicant’s participation in the action in question.

The extract of the Medic’s writings provided by the applicant includes a paragraph that summarizes the citation contained in WD GO 76. It states that the 2nd Platoon, Company L, 163rd Infantry, was cited for outstanding performance of duty and for heroism near Aitape, New Guinea on 27 April 1944.

Army Regulation 600-8-22 prescribes the Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 7-13 contains guidance on award of the PUC. It states that it is awarded to units for extraordinary heroism in action against an armed enemy occurring on or after
7 December 1941. The regulation states, in effect, that the recommendation for the PUC must be supported by operation orders, maps showing the terrain and the dispositions and actions of the opposing forces, casualties sustained on both sides, a list of all units, assigned and attached, actually present and participating in the action, any other pertinent material, and a proposed citation, naming all participating units. Further, it stipulates that recommendations for the PUC must be formally entered into official channels within two years from the date of the action.

Paragraph 9-16 of the awards regulation contains guidance on award of the Philippine Independence Ribbon. It states that it is authorized to be awarded to any recipient of both the Philippine Defense and Philippine Liberation ribbons.

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. The applicant’s claim of entitlement to the PUC for the action in question and the Philippine Independence Medal, along with the supporting documentation he submitted were carefully considered. However, the independent evidence provided by the applicant is insufficient to grant the requested relief.

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2. The veracity of the applicant’s claim that he and his runner participated in the action that resulted in the award of the PUC in WD GO 76 is not in question. However, the evidence of record provides no corroborating evidence to confirm their participation. Given the lack of sufficient evidence supporting this request, it would not be in the interest of all those who served during World War II and who face similar circumstances to grant the requested relief.

3. By regulation award of the Philippine Independence Ribbon is authorized to members who earned both the Philippine Defense and Philippine Liberation ribbons. The evidence of record confirms that while the applicant earned the Philippine Liberation Ribbon, he did not earn the Philippine Defense Ribbon. As a result, he is not entitled to receive this award.

4. 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

5. 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

FE___ __GW___ __AU ___ DENY APPLICATION

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

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INDEX

CASE ID	AR2003089550
SUFFIX
RECON
DATE BOARDED	2003/10/DD
TYPE OF DISCHARGE	N/A
DATE OF DISCHARGE	N/A
DISCHARGE AUTHORITY	N/A
DISCHARGE REASON	N/A
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2.
3.
4.
5.
6.