PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 May 2000                   
	DOCKET NUMBER:   AR2000038022

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be advanced to Staff Sergeant (SSG), E-6 on the retired list.  He also requests the Prisoner of War (POW) Medal and all other medals to which he is entitled.

3.  The applicant makes no additional statement.

4.  The applicant’s military records show that he enlisted in the Philippine Scouts on 19 August 1939.  His Service Record shows he was captured by the Japanese on Bataan on 9 April 1942.  He was released as a prisoner on 31 July 1942 and reported to military control on 12 February 1945.

5.  After the applicant’s return to military control, he made a statement of activities between 7 December 1941 and the surrender of his unit.  In the statement he noted he had been released from captivity because he was sick with malaria.  No mention of being wounded was made.  

6.  The applicant separated on 6 April 1945 in the rank of Technician Five.  He had been awarded numerous service medals plus the Distinguished Unit Badge with two oak leaf clusters.  He was naturalized and enlisted in the Regular Army on 1 July 1946.  He was promoted to the temporary rank of Specialist Five, E-5 on 19 September 1950.  The rank was made permanent on 9 February 1961.  There is no evidence of record to show he was ever promoted to SSG.  He retired on 1 July 1961.

7.  Army Regulation 600-8-22 provides for the award of the POW Medal to any person who, while serving in any capacity with the U. S. Armed Forces, was taken prisoner and held captive after 5 April 1917.  On 27 January 1990, the Secretary of Defense authorized the POW Medal for the Philippine Commonwealth Army and Recognized Guerrilla Unit Veterans who were held captive between 7 December 1941 and 26 September 1945.  It also states that all U. S. Army medals are presented without cost to an awardee.  Replacement of medals or service ribbons for individuals not on active duty may be made at cost price.  Requests for medals should be directed to Commander, U. S. Army Reserve Personnel Command, ATTN:  ARPC-PSP-R, 9700 Page Boulevard, St. Louis, MO  63132-5200.  No money should be mailed until instructions are received.

8.  Title 10, U. S. Code, section 3964 provides that warrant officers and enlisted members may, when their active service plus their service on the retired list totals 30 years, be advanced on the retired list to the highest grade in which they served on active duty satisfactorily. 

CONCLUSIONS:

1.  The evidence of record shows that the applicant was held as a prisoner of war while a member of the Philippine Scouts and so is entitled to award of the POW Medal in accordance with the 27 January 1990 change to the award criteria.

2.  There is no evidence of record to show the applicant ever held the rank and grade of SSG, E-6 and so is not entitled to advancement to that grade on the retired list.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the POW Medal.

2.  That the applicant be issued the POW Medal.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__cmf___  __fe____  __rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Calvin M. Fowler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038022	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0029	
2.	129.04	
3.		
4.		
5.		
6.