MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 March 2000                   
	DOCKET NUMBER:   AR1999030416

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Army of the United States (AUS) service from after 30 June 1946 to 27 April 1947 be certified.

APPLICANT STATES:  That he served in the 56th Ammunition Company, 12th Division, U. S. Army, Philippine Scout from 1946 to 1947.  He provides as supporting evidence a Certificate of Service dated 27 April 1947, a 19 October 1951 letter from the Office of the Adjutant General, a Certification of Military Service dated 18 November 1991, and an informal information reply from the National Personnel Records Center date 11 February 1993 stating the November 1991 Certification of Service is correct.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information contained herein was obtained from alternate sources.

A Report of Separation shows the applicant entered active duty on 22 July 1942 and was released from active duty on 27 April1 1947.

In a 30 March 1950 response to a request from the Adjutant General, Headquarters, National Defense Forces, Camp Murphy, Quezon City to certify the applicant’s service, the Headquarters, National Defense Forces, Camp Murphy, Quezon City noted he was separated from the military service on         16 September 1946.

A 5 March 1951 letter from the Adjutant General Records Depository, subject:  Revocation of AUS Status, determined that a review of the applicant’s case disclosed he had no AUS status.  The redetermination was based on records on file which proved he was not legally and formally inducted in the 14th Infantry, AUS, in July 1942.  It was requested his name be removed from the roster of the 14th Infantry Regiment (AUS) that had been forwarded from that office to the Records Administration Center under letter, Headquarters PHILRYCOM, dated 24 July 1948, subject:  Status of 14th Infantry, Project “J”.

VB Form #32 dated 26 April 1951 listed the applicant’s military history from his status in recognized guerilla service on 10 May 1942 until his release from the service of the Armed Forces of the United States on 30 June 1946.

The applicant provides a 19 October 1951 letter from the Office of the Adjutant General, Records Administration Center, stating their 5 March 1951 letter revoking his AUS should be disregarded based under the established policy pertaining to recognition of members of the 14th Infantry.

On 18 November 1991, the National Archives and Records Administration replied apparently to an inquiry from the applicant that the NA Form 13038 issued to him on 24 January 1991 (not available) was incorrect but the attached NA Form 13038 (showing his service in the Army of the United States Philippine Scout from 13 August 1946 through 27 April 1947) was correct.  The VA sent numerous inquiries to the National Personnel Records Center requesting clarification of the information on the 18 November 1991 NA Form 13038 prior to approving his benefits.  The VA noted that all previous certifications seemed to establish that he was under some sort of military control whether it was the U. S Armed Forces Far East (USAFFE), the Philippine Army, Philippine Scouts or the Army of the United States through 27 April 1947.  However, there was no authority to retain members of the USAFFE or Philippine Army after 30 June 1946 and there was no evidence to show he enlisted in the Philippine Scouts on 13 August 1946.  There is no record of a response from the National Personnel Records Center.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Unfortunately, at this late date and from the available records the Board cannot determine what occurred in the applicant’s case.  The 19 October 1951 letter from the Office of the Adjutant General stated their 5 March 1951 letter revoking his AUS should be disregarded based under the established policy pertaining to recognition of members of the 14th Infantry.  However, the 5 March 1951 letter stated he had not been legally and formally inducted in the             14th Infantry, AUS, in July 1942.  Neither the 19 October 1951 letter nor other available documents indicate what was found between March and October 1951 to make the Office of the Adjutant General determine he had been legally and formally inducted in the 14th Infantry, AUS.  

3.  There is no available evidence of record to show why the National Archives and Records Administration stated the NA Form 13038 showing his service in the Army of the United States Philippine Scout from 13 August 1946 through 27 April 1947 was correct.  They never responded to the VA who pointed out to them the contradictions between this information and his previous certifications.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

__esc___  __sk____  __kan___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030416	
SUFFIX		
RECON		
DATE BOARDED	20000302	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	113.00	
2.		
3.		
4.		
5.		
6.