IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080009622
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his record be corrected to show his eligibility for the Philippine Liberation Ribbon.
2. The applicant states, in effect, that at the time of his discharge at Camp McCoy, Wisconsin, he was issued the Philippine Liberation Ribbon along with his other awards; however, it was not included in the list of awards on his separation document (WD AGO Form 53-55, Honorable Discharge).
3. The applicant provides his WD AGO Form 53-55 and honorable discharge certificate, a WD AGO Form 100 (Separation Qualification Record), and a Congressional inquiry in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are 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 that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the documents provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 28 February 1944, and that the highest rank he attained while serving on active duty was staff sergeant. Item 6 (Organization) shows his unit was the 520th Engineer Maintenance Company.
4. The applicant's WD AGO Form 53-55 also confirms he served in the Pacific theater of operations from 5 August 1945 through 4 April 1946. Item 32 (Battles and Campaigns) contains the entry "None" and item 33 (Decorations and Citations) shows he earned the Army Good Conduct Medal (AGCM), American Theater Service Medal, and Asiatic-Pacific Theater Service Medal during his active duty tenure. It further shows he was honorably separated on 13 April 1946 after completing 2 years, 1 month, and 16 days of active military service.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 9-8 contains guidance on the Philippine Liberation Ribbon. It states, in pertinent part, that it is awarded for service in the liberation of the Philippines from 17 October 1944 through 3 September 1945 under any of the following conditions: (1) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944, (2) participated in any engagement against the enemy during the campaign on Leyte, (3) participated in any engagement against the enemy on islands other than those included in (2) above, and (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.
6. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. The applicant's unit (520th Engineer Maintenance) is not listed in this source publication and was not credited with participating in any of the Philippine campaigns of World War II.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the Philippine Liberation Ribbon should be added to his record and separation document was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, in order to qualify for the Philippine Liberation Ribbon, a member must have participated in service in the liberation of the Philippines. The evidence fails to confirm the applicant participated in operations conducted in the Philippine liberation. Item 32 of the applicant's WD AGO Form 53-55 contains the entry "None," which indicates he was not credited with participating in any campaigns during World War II and there is no indication that he was assigned to a unit credited with participating in operations involved in the liberation of the Philippines. As a result, it would not be appropriate or serve the interest of all those who served during World War II and who faced similar circumstances to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
________x_________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009622
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ABCMR Record of Proceedings (cont) AR20080009622
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