IN THE CASE OF:	  

		BOARD DATE:	    23 June 2011

		DOCKET NUMBER:  AR20100029171


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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Philippine Defense Ribbon and the Philippine Liberation Ribbon.  

2.  The applicant states, in effect, that he recently discovered he has served in Leyte Harbor, in the Philippines, during World War II in October 1944.  He states he would like that service added to his discharge document, and he would like to receive the corresponding medals for that service.  

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 29 November 2010
* Record of Proceedings, Army Board for Correction of Military Records (ABCMR) Docket Number AR20100013881, dated 9 November 2010
* correspondence from the office of his Member of Congress, addressed to the applicant's niece, dated 3 July 2002
* correspondence from the National Archives at College Park, MD, addressed to the applicant's Member of Congress, dated 21 June 2002
* 35 pages of historical reference material pertaining to the 275th Port Company and the 503rd Port Battalion, obtained from the National Archives at College Park, MD



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 complete military records are not available 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 or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 6 May 1943 and he entered active duty at Fort Snelling, MN on 12 May 1943.  

4.  On 19 January 1945, he was honorably discharged at the VA facility at Saint Cloud, MN.  His WD AGO Form 53-55 shows he completed 1 year, 8 months, and 14 days of total service, including 10 months and 26 days of foreign service.  This form also shows:

   a. Item 6 (Organization) shows he was assigned to the 275th Port Company at the time of his discharge;

   b. Item 32 (Battles and Campaigns) contains the entry "None;" 

   c. Item 33 (Decorations and Citations) shows he was awarded the Asiatic-Pacific Campaign Medal and the Army Good Conduct Medal; and 

   d. Item 36 (Service Outside the Continental U.S. and Return) shows he arrived in the Southwest Pacific Theater of Operations (SWPTO) on 4 January 1944 and departed on 24 October 1944.  


5.  ABCMR Docket Number AR20100013881, dated 9 November 2010, amended his WD AGO Form 53-55 by:

* adding to item 32 the entry "New Guinea"
* deleting from item 33 the Asiatic-Pacific Campaign Medal, and adding the World War II Victory Medal and the Asiatic-Pacific Campaign Medal with  1 bronze service star

6.  He submitted 35 pages of historical reference material pertaining to the 275th Port Company and the 503rd Port Battalion.  The 275th Port Company's monthly historical record for the months of October and November, 1944, documents the unit's involvement in the Battle of Leyte, during the Philippines Campaign of 1944-1945.  

7.  Army Regulation 600-8-22 (Military Awards) states 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; or (b) assigned or stationed in Philippine territory or in Philippine waters for not less than 30 days during the period.  Individuals who meet conditions set forth in a and b above are authorized to wear a bronze service star on the ribbon.

8.  Army Regulation 600-8-22 states 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 criteria (2) through (4) for award of the Philippine Defense Ribbon; (3) participated in any engagement against the enemy on islands other than those included in (2) for awards of the Philippine Defense Ribbon.  An individual will be considered as having participated in combat if he or she meets any of the criteria (2) through (4) of the Philippine Defense Ribbon; 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his WD AGO Form 53-55 to show the Philippine Defense Ribbon and the Philippine Liberation Ribbon.  

2.  With respect to the Philippine Defense Ribbon, Army Regulation 600-8-22 states the Philippine Defense Ribbon is awarded for service, in the defense of the Philippines, from 8 December 1941 to 15 June 1942.  The applicant did not begin his overseas service until 4 January 1944; therefore, he is not entitled to correction of his WD AGO Form 53-44 to show this award.   

3.  With respect to the Philippine Liberation Ribbon, Army Regulation 600-8-22 states the Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945.  His WD AGO Form 53-55 shows he was assigned to the 275th Port Company during the period 4 January 1944 through 24 October 1944.  The 275th Port Company's monthly historical record shows its unit members participated in the initial landing operations on Leyte, or were on a ship in Philippine waters, from 17 October 1944 to 20 October 1944.  

4.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show his participation in the Leyte campaign and his entitlement to the Philippine Liberation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL 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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* amending item 32 of his WD AGO Form 53-55 to add the Leyte campaign
* amending item 33 of his WD AGO Form 53-55 to add the Philippine Liberation Medal

2.  The Board further determined 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 awarding him the Philippine Defense Medal.  




      __________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)                                         AR20110002314



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ABCMR Record of Proceedings (cont)                                         AR20100029171



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