IN THE CASE OF:	  

		BOARD DATE:	        19 MAY 2009

		DOCKET NUMBER:  AR20090000432 


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 he be issued medal sets for the    Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Philippine Liberation Medal, and award of the Philippine Independence Medal and medal set. 

2.  The applicant states that the only medal sets he received were for the Purple Heart and the Good Conduct Medal.  He also states that he was in the first group to accumulate 60 points in order to leave the Philippines for the United States and that the medal sets were not available at the time of his discharge.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requests the medal sets for the already-awarded World War II Victory Medal, Philippine Liberation Medal with two bronze service stars, and the Asiatic-Pacific Campaign Medal with a bronze arrowhead.  However, the ABCMR does not issue awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  In view of the foregoing, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant’s 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 applicant’s 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.

4.  The applicant was born on 6 November 1923 and was inducted on 5 April 1943.  He entered active duty in Portland, Oregon on 12 April 1943.  He completed his training as an armor crewman (gunner) and departed the United States on 14 December 1943 en route to the Asiatic-Pacific Theater of Operations (APTO).  He arrived in the APTO on 20 December 1943.

5.  He participated in the Southern Philippines and Ryukyus campaigns and on 4 April 1945, while serving in the rank of private first class with the 763rd Tank Battalion, he was injured in combat (fracture of left middle and ring finger) in Okinawa.  He was awarded the Purple Heart for that injury.

6.  He was promoted to the rank of corporal and departed the APTO for the Continental United States (CONUS) on 23 November 1945.  He arrived on
12 December 1945 and was transferred to Fort Lewis, Washington, where he was honorably discharged on 21 December 1945.  He had served 2 years,
8 months, and 10 days of total active service.  His WD AGO Form 53-55 indicates that he was awarded the Philippine Liberation Medal with two bronze service stars, the World War II Victory Medal, the Asiatic-Pacific Service Medal with one bronze arrowhead, the Good Conduct Medal, and the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards), governs the Army awards program.  Paragraph 9-14, provides that the Philippine Defense Ribbon is awarded for service in the defense of the Philippines from 8 December 1941 to 15 June 1942, under either of the following conditions:  (a) participation in any engagement against the enemy in Philippine territory, in Philippine waters, or in the air over the Philippines or over Philippine waters.  An individual will be considered as having participated in an engagement if they meet one of the following:  (1) was a member of the defense garrison of the Bataan Peninsula or of the fortified islands at the entrance to Manila Bay; (2) was a member of and present with a unit actually under enemy fire or air attack; (3) served on a ship which was under enemy fire or air attack; or (4) was a crewmember or passenger in an airplane which was under enemy aerial or ground fire; (b) assigned or stationed in Philippine territory or in Philippine waters for not less than 30 days during the period; or (c) individuals who meet conditions set forth in 1 and 2 above are authorized to wear a bronze service star on the ribbon.

8.  Army Regulation 600-8-22, paragraph 9-15, provides that 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) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944.  An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands.  An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraph 9-14a(2) through (4); (3) participated in any engagement against the enemy on islands other than those included in (2) above.  An individual will be considered as having participated in combat if he or she meets any of the conditions set forth in paragraph 9-14a(2) through (4); or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.  An individual who meets more than one of the conditions set forth above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon.


9.  Army Regulation 600-8-22, in pertinent part, provides for award of the Philippine Independence Ribbon.  This award is authorized to any recipient of both the Philippine Defense and the Philippine Liberation Ribbons.  There was brief exception to this requirement when Change 2 to Army Regulation 600-65 (Awards), dated 13 January 1953, authorized award of the Philippine Independence Medal if an individual received either the Philippine Defense or the Philippine Liberation Ribbon.  However, this provision was superseded by Department of the Army Circular 672-1 (Awards), dated 16 March 1955, which again required award of both the Philippine Defense and the Philippine Liberation Ribbons for award of the Philippine Independence Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The sincerity of the applicant's claim that he is entitled to award of the Philippine Independence Medal and issuance of the medal set has been noted; however, there is no evidence in the available records to show that he was ever awarded that medal or that he was entitled to that award.

2.  Unfortunately, the passage of time since his discharge 60+ years ago and the destruction of his records during the 1973 fire at the National Personnel Records Center make it difficult at best to determine his eligibility for the Philippine Independence Medal.

3.  The applicable regulation requires that in order to be awarded the Philippine Independence Medal, an individual must have been awarded both the Philippine Defense and the Philippine Liberation Ribbons.  However, there is insufficient evidence to establish his entitlement to award of the Philippine Defense Ribbon.  Accordingly, there is insufficient evidence to grant his request for the award and issuance of the Philippine Independence Ribbon.

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.



      _________XXX______________
               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)                                         AR20090000432



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000432



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1