RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 February 2004
      DOCKET NUMBER:   AR2003090653


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Karen A. Heinz                |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Philippine
Independence Ribbon and the Philippine Liberation Ribbon.  He also requests
to be paid for his unused terminal leave.

2.  The applicant states that he should be awarded the Philippine
Independence Ribbon and/or the Philippine Liberation Ribbon based on his
World War II service in Luzon.  He further states that he was entitled to
receive terminal leave pay at the time of his honorable discharge; however,
the Army was unable to pay him due to their lack of funds.

3.  The applicant also wrote that he has previously addressed the cited
errors, but has been rejected because his records were destroyed in the
fire at the National Personnel Records Center in 1973.

4.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge), WD AGO Form 100 (Separation
Qualification Record) and his WD AGO 58, Promotion Certificate.  He also
provides a letter from the National Records Personnel Center indicating
that no records are on file to process his request for the ribbons listed
in paragraph 1 above.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error, which occurred on 31
October 1945.  The application submitted in this case is dated 21 April
2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records were not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed his
records were lost in that fire.  However, there were sufficient documents
in the reconstructed record to allow the Board to conduct a fair and
impartial review of the case.



4.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the
Army of the United States and entered active duty on 9 September 1940.  He
continuously served on active duty until being honorably separated on
31 October 1945.

5.  The applicant served in the Western Pacific Theater of Operations
(WPTO) from 20 August 1943 through 30 September 1945, while assigned to
Headquarters Battery, 197th Antiaircraft Artillery Group.

6.  Evidence of record shows that the applicant's unit arrived in the
Lingayen Gulf on 9 January 1945 and was involved in operations on the
Island of Luzon for several months.  These records also show he
participated in the Luzon and New Guinea campaigns.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55
lists the following awards earned during his Army service:  American
Defense Service Medal, Asiatic-Pacific Service Medal, Army Good Conduct
Medal, and the American Service Medal currently known as the American
Campaign Medal.

8.  The discharge document also shows that the applicant received mustering
out pay and travel pay at his time of discharge.  There are no other
military pay documents in the applicant's reconstructed service personnel
records.

9.  Review of the applicant's service personnel records indicates
entitlement to additional awards that are not shown on his separation
document.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 5-11, governs
award of the World War II Victory Medal.  It states that it is awarded for
service between 7 December 1941 and 31 December 1946, both dates inclusive.
 This award is not shown on his WD AGO 53-55.

11.  Army Regulation 600-8-22, paragraph 5-13, governs award of the Asiatic-
Pacific Campaign Medal and it states, in pertinent part, that a bronze
service star is authorized for each campaign a member participated in while
serving in the WPTO.  The regulation also provides that a silver service
star is worn in lieu of 5 bronze service stars.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in WWII.  This document shows that at the time of the applicant's
assignment to the 197th Anti-Aircraft Artillery Group, the unit was cited
for award of the Philippine Republic Presidential Unit Citation for the
period 17 October 1944 to 4 July 1945 by Department of the Army General
Order Number 47 dated 1950.

13.  Army Regulation 600-8-22, paragraph 9-15, provides in pertinent part
that the Philippine Liberation Ribbon is awarded for service in the
liberation of the Philippine from 17 October 1944 to 3 September 1945 to
individuals who served in the Philippine Islands or on ships in Philippine
waters for a period of 30 days or more.

14.  Army Regulation 600-8-22, paragraph 9-16, provides that the Philippine
Independence Ribbon is authorized for award to any recipient of both the
Philippine Defense Ribbon and the Philippine Liberation Ribbon.

15.  Paragraph 9-14 of Army Regulation 600-8-22 provides that the
Philippine Defense Ribbon is awarded for service in the defense of the
Philippines from 8 December 1941 to 15 June 1942.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant participated in
operations in the Philippine Islands for more than 30 days.  Therefore he
is entitled to award of the Philippine Liberation Ribbon.

2.  By regulation award of the Philippine Independence Ribbon is authorized
to members who earned both the Philippine Defense and Philippine Liberation
Ribbons.  Evidence of record confirms that while the applicant earned the
Philippine Liberation Ribbon.  However, the applicant was not eligible for
award of the Philippine Defense Ribbon because he did not serve in the
defense of the Philippines during the period 8 December 1941 to 15 June
1942.  As a result, he is not eligible for award of the Philippine
Independence Ribbon.

3.  There is no evidence of record to substantiate the applicant's
contention that he is entitled to pay for unused terminal leave.  As a
result, there is insufficient evidence upon which to grant the requested
relief.

4.  The applicant received credit for his participation in the Luzon and
New Guinea campaigns.  Therefore, he is entitled to wear his Asiatic-
Pacific Campaign Medal with two bronze service stars.

5.  General Orders confirm that the applicant is entitled to award of the
Philippine Republic Presidential Unit Citation.

6.  In addition, based on his active duty service, he is entitled to the
World War II Victory Medal.



7.  Records show the applicant should have discovered the error or
injustice now under consideration on 31 October 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
However, there is evidence that the applicant has previously tried to
correct the errors on his WD AGO Form 53-55, but has been denied for lost
or destroyed records.  Inasmuch as he has now provided those records and
relief is being granted on the basis of those records, it is appropriate to
waive failure to timely file in this case.

BOARD VOTE:

_FNE____  _KAH___  __JPI___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding the applicant
the Philippine Liberation Medal, World War II Victory Medal and the
Philippine Republic Presidential Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the award of the Philippine Independence Ribbon and the request for
terminal leave pay.




                 _Fred N. Eichorn______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090653                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |