PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  23 May 2002
	DOCKET NUMBER:  AR2001062162

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Lester Echols		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 his service from 14 July 1942 to 
27 June 1947, be recognized as service in the Army of the United Service (AUS) as a commissioned officer.

3.  The applicant states, in effect, that he was inducted in the AUS on 14 July 1942, as a commissioned officer and served in the AUS until 27 June 1947, when he was honorably discharged.  He provides a copy of his WD AGO Form 53-98 (Military Record and Report of Separation, Certificate of Service) for this period of service.

4.  The applicant’s available military records contain copies of a few miscellaneous forms, letters, and one original pay document.  It is presumed that his original records were lost or destroyed in a fire at the National Personnel Record Center in 1973.  A copy of his WD AGO Form 53-98 shows that he entered active duty on 14 July 1942, and his date of relief from active duty was 27 June 1947.  The front side of the form shows that the applicant served honorably in the active Federal service in the Army of the United States.  He 
was separated at Camp O’Donnell, Capas, Tarlac; from Service Company, 
43rd Infantry (PS) (Philippine Scouts), APO 613; as an AUS first lieutenant, infantry unit commander.  This form was issued on 27 June 1947. From information on a WD AGO Form 304 (Locator Card), his appointment as a first lieutenant AUS with rank from 29 September 1942, was confirmed by “par 2, 
Ltr 0, No 212, GSXRP Hq, AFWESPAC O of the CG, APO 707, subj orders dated 26 April 1946.”

5.  On the WD AGO Form 53-98, he was given credit for the Philippine Campaign and was awarded the “Combat Infantry Badge Unit Citation with 2 clusters, Philippine Liberation Ribbon, Philippine Defense, Philippine Independence Victory Medal, World War II, and Asiatic-Pacific Theater Ribbon with 1 bronze service star.”

6.  Headquarters, 8133rd Service Unit, Adjutant General Records Depository, APO 928, published a letter to the applicant, dated 1 December 1950, stating, “Please be advised that after a careful review of your case, it has been redetermined by this headquarters that you have no status in the AUS.  Reinvestigation and further verification of records on file disclose that you could not have AUS status for the reason that you were not legally and formally inducted in the 14th Infantry, AUS, on 14 July 1942.  In view of the foregoing, your status in the AUS is revoked by this headquarters and no further benefit will be due you as such.”

7.  In response to a VA Form 3101 (Request for Army Information) from the U. S. Veterans Administration, Manila, Philippine Islands, requesting a determination on the applicant’s status, The Adjutant General of the Army, a major general, 

issued the following written statement, dated 13 August 1951:  “It has been determined by the Department of the Army that the revocation of AUS status, as published in letter, Headquarters, Adjutant General Records Depository, Philippines Command (Air Force) and Thirteenth Air Force, dated 1 December 1950, in the case of (the applicant), cannot be substantiated or supported by the Department of the Army Records.  He is considered by the Department of the Army as having AUS status as a result of his service with the 14th Infantry Regiment (PA-AUS).  The following is held to be the official status of subject as accepted by the Department of the Army:
	MIA	14 Jul 42	to 11 Apr 43
	POW	12 Apr 43	to 15 Apr 43
	MIA	16 Apr 43	to 20 Aug 43
	POW	21 Aug 43	to 16 Oct 43
	POW	16 Feb 44	to 30 May 44
	POW	  7 Jun 44	to 14 Jul 44
	MIA	19 Oct 44	to   8 Apr 46
Subject was not in a Casualty Status within the meaning of section 2 of the Missing Persons Act from 17 Oct 43 to 15 Feb 44, 31 May 44 to 6 Jun 44, and from 15 Jul 44 to 18 Oct 44.”  “Reason for separation: reverted to inactive status not by reason of physical disability.”

8.  A Headquarters, U. S. Army Forces, Western Pacific, letter to “Finance Officer Concerned,” dated 30 April 1946, states that the applicant returned to military control on 9 April 1946, and that his grade of first lieutenant was recognized.

9.  From an affidavit initiated upon the applicant’s return to military control, he stated, “Before this date, I was a student at the FEU, College of Education.  Being a PA Reserve Officer, I was called to active duty as a 3rd Lt. on 
22 December 1941, and inducted into the USAFFE at Baguio by Maj. V…, PA.  Failing to join forces at Bataan, I joined with the organization of Lt. Col. N… at Aritao, N.V., and I was assigned as Platoon Leader of Co. “B”, 2nd Bn. Prov. Regt., on or about 13 January 1942.  We later moved to our CP at Bato Ferry, then to Bagabag, then to Jones, Isabela, on Feb 1942, from where we moved further inland into Masaya, there we established our Regt. Hq.  Later in March 1942, we returned to Bayombong, leaving Col. N… at our RHQ, Maj, E… and 
I moved to Badbaddi from Bayombong to establish the Hq of the 2nd Bn.  In June 1942, I was sent by Major E… to contact Col. N… at our GHQ, but I contacted him instead at Pinappagan, N. V., on 10 July 1942, and on 14 July 1942, I was inducted into the AUS at Pinappaggan by Lt. D….”

10.  A copy of an affidavit by Lt. D… (then a captain, AUS), sworn and witnessed by a captain, AUS, acting assistant adjutant, on 11 April 1946, states he knew the applicant as a member of the 14th Infantry and he was at the Regimental Command Post of the 14th Infantry when a message was received 

directing Lt. Col. N… to induct the officers and men of the 14th Infantry into the AUS.  The applicant was inducted into the AUS on 14 July 1942.

11.  His record contains a National Personnel Records Form, NA Form 13038 (Certification of Military Service), issued on 14 December 1992, that shows that the applicant was a first lieutenant in the Army of the United States from 
22 December 1941 through 30 June 1946 and was honorably discharged.

12.  An original WD Form 384 (War Department Officers’ Pay, Allowances, and Mileage Voucher), paid on 29 June 1947, shows that the applicant was an AUS first lieutenant in the infantry who entered active duty on 14 July 1942, from “Babadi, Nueva Vizcaya,” Philippine Islands.  The voucher shows that he was paid mustering out pay and pay and allowances for the period 1 April through 
27 June 1947.

CONCLUSIONS:

1.  The applicant was a commissioned officer in the AUS in the Philippines from 14 July 1942 through 27 June 1947.  He was honorably separated as a first lieutenant of the Infantry with a date of rank of 29 September 1942.  His 
WD AGO Form 53-98 (Military Record and Report of Separation, Certificate 
of Service), issued on 27 June 1947, is correct and valid.

2.  The National Personnel Records NA Form 13038 (Certificate of Military Service), issued on 14 December 1992, is not correct on dates of service and should be removed from the record and destroyed.  There is no need to issue a corrected NA Form 13038, since the applicant has a copy of the original 
WD AGO Form 53-98 certificate of service.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by removing from his record and destroying the National Personnel Records NA Form 13038 (Certificate of Military Service), issued on 14 December 1992.

BOARD VOTE:  

__mm___  ___kf___  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mark D. Manning___
		        CHAIRPERSON

INDEX

CASE ID	AR2001062162	
SUFFIX		
RECON		
DATE BOARDED	20020523	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	113 – Establishment of Service	
2.		
3.		
4.		
5.		
6.