BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150014878 BOARD VOTE: ___x______ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150014878 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his records to show he is authorized the Philippine Liberation Ribbon with one bronze service star. ___________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. BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150014878 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, the son of a deceased former service member (FSM), requests correction of his father's records to show he was awarded the Philippine Liberation Ribbon with one bronze service star. 2. The applicant states: a. His father was presented both the Philippine Defense Ribbon and the Philippine Liberation Ribbon by the Philippine Consul in San Francisco in March 1945 when he was a corporal serving in the Army Air Force and returned to the United States after being rescued from the Cabanatuan prisoner of war (POW) camp in the Philippines. These two medals are unique and he attached a picture of both to show their unique designs. b. The Philippine Defense Ribbon and the Philippine Liberation Ribbon were both noted on his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). These awards can be seen in the included certificate and they were referenced in several newspapers at the time, one of which has been enclosed with this application. c. In 2012, he wrote to the U.S. Army Human Resources Command Military Awards Branch for clarification on his father's eligibility for the Presidential Unit Citation (PUC) with four oak leaf clusters, which was noted on the certificate attached to his WD AGO Form 53-55. The Military Awards Branch determined his father was only eligible for two oak leaf clusters with the PUC. At the same time, they also removed the Philippine Liberation Ribbon from his records. d. Removal of the Philippine Liberation Ribbon from his records was done 67 years after it was awarded. His eligibility for this award was confirmed in two other Army letters, which are attached. In order to obtain the medals that go with the ribbons for another family member, he sent his father's records to the Philippine Embassy in 2015 and they reaffirmed his eligibility for the Philippine Liberation Medal as well as other Philippine Army medals in a letter and accompanying certificate. To strike the Philippine Liberation Medal from his father's records 67 years later is both unjust and unfair. The overwhelming evidence shows he was eligible for this award, received it in 1945 from the Philippine Consul, it was annotated on his WD AGO Form 53-55, and his eligibility to it was reaffirmed by the Philippine Embassy in 2015. 3. The applicant provides: * images of the Philippine Defense Ribbon and the Philippine Liberation Ribbon * Roseville Press Tribune article, "Brother of Roseville Woman Back Home with Fearful Stories of Life in Jap Prison Camp," dated 25 March 1945 * Army Service Forces Ninth Service Command Military Personnel Branch, Dewitt General Hospital, Certificate, dated 12 June 1945 * Honorable Discharge Certificate, dated 28 August 1945 * WD AGO Form 53-55, dated 28 August 1945 * Headquarters, U.S. Air Force Personnel Center, letter, dated 29 May 1998 * U.S. Total Army Personnel Command Military Awards Branch letter, dated 31 May 2002 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 4 June 2002 * U.S. Army Human Resources Command Awards and Decorations Branch letter, dated 13 March 2012 * Republic of the Philippines Department of National Defense letter, dated 29 June 2015 * Philippine Liberation Medal Certificate of Award, dated 29 June 2015 * U.S. Army Human Resources Command Awards and Decorations Branch letter, dated 3 August 2015 * State of California Certificate of Death, issued 19 August 2015 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 FSM enlisted in the Army Air Corps on 5 August 1940. 3. War Crimes Office Judge Advocate General's Department – War Department testimony from 3 May 1945 shows he was taken prisoner of war on 6 May 1942 while attached to Battery C, 6th Coast Artillery, Corregidor, Philippines. Records indicated he participated in the Bataan Death March and was eventually liberated at Cabanatuan, Luzon, Philippines, on 31 January 1945. He left the Asiatic-Pacific theater of operations on 26 February 1945. 4. Army Service Forces Ninth Service Command Military Personnel Branch, Dewitt General Hospital, Certificate, dated 12 June 1945 shows he was authorized to wear the following campaign ribbons and badges: * American Defense Ribbon with one campaign star * Philippine Defense Ribbon with one campaign star * Philippine Liberation Ribbon with one campaign star * Asiatic-Pacific Ribbon with two campaign stars * Distinguished Unit Badge with four oak leaf clusters * Air Crewman Wings 5. His WD AGO Form 53-55 shows he was honorably discharged on 28 August 1945. Item 32 (Battles and Campaigns) shows Philippines and Southern Philippines. Item 33 (Decorations and Citations) shows he was awarded the Philippine Liberation Ribbon with one bronze service star. Item 36 (Service Outside Continental United States and Return) shows he arrived in the Asiatic-Pacific Theater on 19 September 1941 and departed the Asiatic-Pacific theater on 26 February 1945. 6. Headquarters, Air Force Personnel Center, letter, dated 29 May 1998, advised the applicant after review of his father's records they determined his entitlement to numerous awards, including the Philippine Liberation Ribbon. His records contain a DD Form 215 issued on 2 June 1998, adding the verified missing awards as well as adding "Prisoner of War from 7 May 1942 to 31 January 1945" to item 55 (Remarks). 7. U.S. Total Army Personnel Command Military Awards Branch letter, dated 31 May 2002, informs the applicant they reviewed his father's records and determined his entitlement to numerous awards and decorations for his World War II service in the Asiatic-Pacific theater, listing them in the letter. The Philippine Liberation Ribbon with one bronze service star is among those listed. Included with the letter is a DD Form 215 issued on 4 June 2002, adding the Bronze Star Medal, Prisoner of War Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with two bronze service stars, and the World War II Victory Medal. 8. His records contain a DD Form 215 issued on 1 October 2003, adding the Purple Heart and Philippine Independence Ribbon as well as adding the statement "From 9 April 1942 to 3 February 1945 while a prisoner of war" to item 34 (Wounds Received in Action). 9. U.S. Army Human Resources Command letter, dated 13 March 2012, replies to the applicant's request to amend his father's WD AGO Form 53-55 to reflect entitlement to award of the Presidential Unit Citation. In auditing the FSM's records to verify entitlement to the Presidential Unit Citation, they noted his WD AGO Form 53-55 shows he was awarded the Philippine Liberation Ribbon. They advised him the criteria for the award states that between the period of 17 October 1944 and 3 September 1945, a Soldier must have served in the Philippine Islands or on a ship in the Philippine waters for not less than 30 days. As his father did not have 30 days of service attached to a unit in the Philippines during that period between liberation and debarkation for the United States, he was not authorized this award. Accordingly, they were removing it from his records. 10. The Republic of the Philippines Department of National Defense Office of Veterans Affairs wrote the applicant a letter on 29 June 2015, presenting him with Philippine Liberation Medal and other Philippine awards on behalf of his father. A Philippine Liberation Medal Certificate of Award, dated 29 June 2015, accompanies the letter. 11. U.S. Army Human Resources Command letter, dated 3 August 2015, acknowledged that previous Army and Air Force awards listings the FSM's entitlement to the Philippine Liberation Ribbon. However, upon further review of his service record, they determined he did not serve for a minimum of 30 days in the Philippines following his release from enemy captivity. Therefore, they acted in accordance with Army Regulation 600-8-22 (Military Awards) and deleted this award from his WD AGO Form 53-55. 12. A review of the FSM's records does not reveal a DD Form 215 issued by the U.S. Army Human Resources Command removing the Philippine Liberation Ribbon from his WD AGO Form 53-55. REFERENCES: Army Regulation 600-8-22 states the Philippine Liberation Ribbon is authorized by Department of the Army Circular 59, dated 8 March 1948. a. 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; (3) participated in any engagement against the enemy on islands other than those included in subparagraph (2) above. An individual will be considered as having participated in combat if they meet any of the conditions set forth in paragraphs 9-7a(1) and (2); and (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period. b. An individual who meets more than one of the conditions set forth in subparagraph a, above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualifies other than that under which he or she is eligible for the initial award of the ribbon. DISCUSSION: 1. The applicant's request to correct his father's records to show award of the Philippine Liberation Ribbon with one bronze service star was carefully considered. 2. A 12 June 1945 certificate from the Army Service Forces Ninth Service Command Military Personnel Branch, Dewitt General Hospital, stated he was authorized to wear the Philippine Liberation Ribbon with one campaign star. At the time of his honorable discharge in August 1945, his WD AGO Form 53-55 listed the Philippine Liberation Ribbon with one bronze service star among his authorized decorations and citations. 3. His entitlement to the Philippine Liberation Ribbon with one bronze service star was verified at numerous times over the years by both officials in the Army and the Air Force. In 2012, the U.S. Army Human Resources Command reversed its prior determinations and found the FSM did not meet the requirements of the award because he did not have 30 days of service attached to a unit in the Philippines during the period between liberation and debarkation for the United States. Although a letter from the U.S. Army Human Resources Command indicates they were removing the award from his records, there is no evidence of its removal in a DD Form 215. 4. Regulatory guidance authorizes award of the Philippine Liberation Ribbon to, among others, anyone who served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period from 17 October 1944 to 3 September 1945. 5. Notwithstanding the determination made by the U.S. Army Human Resources Command in 2012, records indicate he served in the Philippines from 19 September 1941 through 26 February 1945 and was assigned to Battery C, 6th Coast Artillery, Corregidor, Philippines, at the time he was taken prisoner of war on 7 May 1942. He remained a prisoner of war in the Philippine Islands until his liberation on 31 January 1945 and departed the Philippines on 26 February 1945. His records corroborate he served over 30 days in the Philippine Islands during the authorized period of the award. 6. The Republic of the Philippines Department of National Defense reaffirmed his entitlement to the award and issued him a new Philippine Liberation Medal Certificate on 29 June 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014878 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014878 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2