IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090008459 


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 the statement “Not entitled to pay fr 1 Sept 42 to 10 Mar 45 incl per MPA.  No time lost under AW 107.  Not entitled to travel pay." be deleted from his WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 14 March 1945. 

2.  The applicant states, in effect, that:

	a.  he fought against the Japanese in the Battle of Bataan from 8 December 1941 until the battle ended with surrender on 9 April 1942;

	b.  he was a prisoner of war (POW) and incarcerated under brutal conditions and he took part in the infamous "Bataan Death March."  He was subjected to forced labor under the Japanese from 9 April 1942 until his conditional parole on 
7 August 1942";

	c.  during the Japanese occupation of the Philippines and despite suffering from various illnesses, he attempted many times to find an American agency to get back under military control but failed to find one; and 

	d.  he was awarded two Bronze Star Medals for ground combat and meritorious achievement for the period 7 December 1941 through 10 May 1942.  

3.  The applicant provides:

	a.  his WD AGO Form 53-55;
	b.  a U.S. Army Honorable Discharge Certificate, dated 7 May 1946;

	c.  a memorandum from Headquarters, U.S. Army Forces, Western Pacific, dated 25 May 1946;

	d.  a U.S. Army Honorable Discharge Certificate, dated 5 April 1949;

	e.  a U.S. Army Certificate of Service, dated 5 April 1949;

	f.  a memorandum from Headquarters, Presidio of San Francisco, dated 
19 September 1984;

	g.  two Bronze Star Medal certificates, both dated 20 April 1987; and 

	h.  a U.S. Army Certificate of Service, dated 9 January 1998.

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's military records contain a self-authored letter addressed to the Department of the Army, Office of the Adjutant General, Decorations and Awards Branch, dated 21 November 1986.  The applicant stated that he misplaced the medals and decorations and requested that he be furnished a complete set of medals and awards he was authorized to wear.  

3.  The applicant stated "I enlisted and was on active duty with the Philippine Scouts [PS], United States Army, stationed at Fort William McKinley, Rizal, Philippines.  I was born September 6, 1919 in Nasugbu, Batangas, Philippines, enlisted in the United States Army on February 9, 1941, with assigned serial number ___ __ 876 and I served in Company ‘C,’ 57th Infantry Regiment, 12th Infantry Division (PS).  I was in the Bataan battlefields until our surrender on April 
9, 1942.  Taken as prisoner of war until my conditional parole on August 7, 1942; I was honorably discharged on March 14, 1945 to enlist in the Army of the United States (AUS); enlisted March 15, 1945 in the Army of the United States, and I was honorably discharged on June 30, 1946."

4.  The applicant was subsequently appointed as a second lieutenant (2LT)/O-1 on 9 August 1946.  He was honorably discharged from the AUS on 5 April 1949 in the rank of first lieutenant (1LT)/O-2.

5.  The applicant's WD AGO Form 53-55 for the period ending 14 March 1945 shows:

	a.  that on 9 February 1941, he entered active duty in a PS unit;

	b.  that his rank on the document shows private first class (PFC); 

	c.  he was authorized to wear the American Defense Service Medal with one bronze service star, Asiatic-Pacific Theater Campaign Medal with one bronze service star, Distinguished Unit Award with two Oak Leaf Clusters, Philippine Liberation Ribbon with one bronze service star, Philippine Defense Ribbon with one bronze service star, and the Combat Infantryman Badge.

	d.  item 55 (Remarks) shows the entry "Not entitled to pay fr 1 Sep 42 to 
10 Mar 45 incl per MPA.  No time lost under AW107.  Not entitled to travel pay." and "Character: Excellent (STP)"; and 

	e.  that on 14 March 1945 he was honorably released from active duty to enlist in the Army of the United States (AUS) after completing 1 year, 6 months, and 26 days of creditable active duty service.

6.  The applicant's military records contain a WD AGO Form 53-55 for the period ending 30 June 1946 that shows:

	a.  on 15 March 1945 he enlisted and entered active duty in the AUS;

	b.  he had prior service with C Company, 57th Infantry (PS) from 9 February 1941 to 14 March 1945; and 

	c.  on 30 March 1946 he was honorably discharged from active duty. 




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the statement “Not entitled to pay fr 1 Sept 42 to 10 Mar 45 incl per MPA.  No time lost under AW 107.  Not entitled to travel pay." be deleted from his WD AGO Form 53-55 for the period ending 14 March 1945.  Unfortunately, evidence of record shows the applicant was not under military control during the period 1 September 1942 through 10 March 1945.

2.  The applicant’s records show that he enlisted as a PS on 9 February 1941.  After the surrender of U.S. Forces in the Philippines, the applicant became a POW in April 1942 and he was later conditionally paroled by Japanese Forces in August 1942.  He did not fall back under military control until March 1945.  Therefore, there is no evidence that shows the WD AGO Form 53-55 is in error or that there is a basis to correct the document.

3.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in his service during World War II.  The applicant and all concerned should be justifiably proud of his service in arms.

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)                                         AR20090008459



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ABCMR Record of Proceedings (cont)                                         AR20090008459



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