PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 January 2001
	DOCKET NUMBER:   AR2000043989

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz		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 that he be awarded the Prisoner of War (POW) Medal. He also requests that his date of birth, his service as a Philippine Scout, and the statement “not entitled to pay from 16 June 1942 to 30 September 1945 under the Missing Person Act” be deleted from his WD AGO Form 53-55 (Enlisted Record and Report of Separation). 

3.  The applicant states he was a POW and his POW status was never recorded. He states not being recognized as a POW has deprived him of many entitlements and benefits.  In support of his application he submits two WD AGO Forms 53-55 for the periods 9 June 1941 to 6 June 1945 and 7 June 1945 to 
16 May 1946 and a rating decision from the Department of Veterans Affairs dated 25 February 2000.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  The information herein was gleaned from the applicant’s separation documents submitted with his application. 

5.  The applicant was issued a total of two separation documents for the periods 9 June 1941 to 6 June 1945 and 7 June 1945 to 16 May 1946.  His separation document dated 6 June 1945 shows his DOB as 10 December 1921 and does not reflect the award of the POW Medal.  Item 5 (Component) of the applicant’s separation document shows him as Philippine Scout.  Additionally, item 55 (Remarks) of his separation document shows the statement “not entitled to pay from 16 June 1942 to 30 September 1943 under the Missing Persons Act.”

6.  His separation document dated 16 May 1946 shows his component as Army of the United States and his DOB as 10 December 1921 and does not reflect the award of the POW Medal.  Item 36 (Prior Service) of his separation document shows the statement “prior service in Philippine Scouts not verified.”

7.  In processing this case a staff member of the Board contacted the US Total Army Personnel Command (PERSCOM), POW Branch, to substantiate the applicant’s claim that he was a POW.  The PERSCOM indicated that the applicant was a POW for the period 7 May 1942 to 6 June 1945.

8.  The Board notes the applicant’s discharge document shows that he was awarded the Combat Infantryman Badge (CIB).  There is no evidence that the applicant was awarded the Bronze Star Medal (BSM) based on award of the CIB.

9.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the POW Medal is authorized for any person who, while serving in any capacity with the US Armed Forces, was taken prisoner and held captive after 5 April 1917.  The POW Medal will only be awarded when the individual’s POW status has been officially confirmed and recognized as such by the Department of the Army.
10.  Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II

CONCLUSIONS:

1.  The applicant is entitled to award of the POW Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  Item 5 (Component) of the applicant’s separation document dated 6 June 1945 shows him as Philippine Scout.  Therefore, he is entitled to correction of his separation document dated 16 May 1946 (AUS) to show his time served as a Philippine Scout.

3.  In the absence of documentary evidence the applicant is not entitled to correction of his records to remove the statement “not entitled to pay from 
16 June 1942 to 30 September 1945 under the Missing Person Act” or to show his DOB as 30 March 1921. 

4.  The evidence of record shows that the applicant is entitled to the BSM based on the award of the CIB; however, this award was not shown on his separation document.  Therefore, he is entitled to correction of his records to show the award of the BSM based upon the CIB.

5.  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 to show:

a.  The WD AGO Form 53-55 dated 6 June 1945 of the individual concerned be corrected by showing that he was awarded the BSM Medal and the POW Medal; 

b.  Add to item 55 (Remarks) of his separation document dated 6 June 1945 to show the applicant was a POW from 7 May 1942 to 6 June 1945; and

c.  Correct item 39 (Prior Service) of his separation document dated 
16 May 1946 to show that the applicant served as Philippine Scout from 9 June 1941 to 6 June 1945.

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

BOARD VOTE:  

___JH___  __LE___  __KAH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____June Hajjar______
		        CHAIRPERSON

INDEX

CASE ID	AR2000043989	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.	
2.		
3.		
4.		
5.		
6.