BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000756 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000756 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 7 September 2017 DOCKET NUMBER: AR20160000756 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 (Rosalina S. C____), the sister of a deceased former member of the Philippine Army, Christopher R. S____, requests correction of the deceased’s record to show he served in the Philippine Army from 2 November 1941 until his death on 23 December 1941; thereby voiding the deceased’s discharge of 9 December 1941. (Subsequent to this correction, the family of the deceased should receive arrears in pay, death benefits, indemnity, and gratuity payments.) The applicant requests a personal appearance before the Board. 2.  The applicant states the deceased was born in the Philippines on 21 October 1921. He was inducted and entered military service on 2 November 1941; he was not assigned an Army service number (ASN). He was 20 years of age, which was shy of the legal age (age of majority) recognized in the Philippines at that time. He was assigned to Company B, 1st Battalion, 72nd Infantry, 71st Division, Philippine Commonwealth Army, United States Armed Forces Far East (USAFFE). a.  He was undergoing training when World War II (WWII) commenced with the attack on Pearl Harbor, Hawaii, on 7 December 1941 (i.e., 0300 hours, 8 December 1941, in the Philippines). The deceased was found to be a minor and he was separated from service. b.  The 71st Division was hastily fielded for combat operations in Luzon, northern Philippines for rendezvous with the North Luzon Force. On 4 December 1941, the deceased wrote to his mother about the unit's upcoming deployment to Manila on the vessel SS Mayon, on 6 December 1941. c.  The Japanese air force bombed Manila and U.S. military facilities, and Japanese forces landed on Luzon. Japanese forces also landed on the beaches of Lingayen Gulf and conducted an assault on Sison and Pozorrubio (the lines of defense were contiguous/adjacent), Pangasinan. The deceased was killed in action on 23 December 1941. d.  The deceased’s military service was negated based on an order in his records that discharged him from military service on 9 December 1941. The Army later acknowledged the existence of records pertaining to the deceased’s death and re-certified his service, but did not explain his death despite having records revealing the circumstances of his death. e.  The applicant states the records and dispositions made by U.S. authorities and the Philippine Commonwealth Army affirm the deceased’s beleaguered status at the time of his death. However, his sudden deployment without having completed training caused disarray to the documentation in his military personnel records. The intensity of fighting following the deceased’s death and consolidation of the forces in Bataan and Corregidor contributed to incomplete and inaccurate recordkeeping (e.g., his correct battalion; 1st battalion vice 2nd battalion). f.  The deceased's mother initiated benefit claims as early as 1946 that stalled and/or remain unresolved. The Department of Veterans Affairs (VA) maintained that the deceased had "negative service." In 1981, the family learned a re-certification of the deceased’s service had been sent to the VA Regional Office (VARO) in Manila (Philippines) in 1960. g.  The applicant states the bureaucracies of both the Department of the Army (DA) and the VA contributed to the difficulty in locating records and documents. In the way of examples of inaccuracies, with respect to the deceased’s "negative service" in the Armed Forces of the United States in the Philippines, the record shows: * the VA (Manila) declared on – * 11 June 1954, the deceased had no recognized guerrilla service nor was he a member of the Commonwealth Army of the Philippines in the service of the Armed Forces of the United States * 6 July 1954, the deceased had no recognized guerilla service nor any service which could be considered as "service" in the Armed Forces of the United States in the Philippines * 14 July 1954, there was no new report from DA certifying the deceased rendered valid military service in the Armed Forces of the United States in the Philippines * 11 September 1959, DA reported that the deceased had no valid military service in the Armed Forces of the United States in the Philippines * the VARO, Washington, DC, declared on – * 11 December 1979, records show that the deceased was not a member of the U.S. Army when he died * 7 May 1980, DA certified that the deceased had no recognized guerrilla service nor any service which could be considered as service in the Armed Forces of the United States in the Philippines * 20 March 1981, the Office of The Adjutant General, U.S. Army Administrative Center, Military Personnel Record Section, St. Louis, MO, advised that an examination of the deceased's records showed that a re-certification of his military service was furnished the VARO (Manila) on 26 October 1960 h.  The applicant states it was upon receipt of the 20 March 1981 letter that the deceased's parents became aware of the re-certification of the deceased's service. She also states this shows the deceased served as a private in Company B, 72nd Infantry, 71st Division, from 2 November 1941 through 9 December 1941. She adds the records further indicate the deceased did not die while in the service and this is an acknowledgement by DA of the existence of records available upon the death of the deceased despite the fact the re-certification stated "the veteran did not die while in the service." i.  On 13 April 1981, the deceased's parents sought information from the VARO (Manila) regarding the 20 March 1981 re-certification letter. On 29 June 1982, they followed-up requesting a response. j.  The deceased's parents died in the mid-1980s. The last correspondence they had regarding the deceased's status of their son was with the VARO (Manila) on 29 June 1982. k.  In 2013, the family learned previously classified DA WWII records were declassified. The deceased's surviving brother and the applicant conducted extensive research gathering records/documents from the National Personnel Records Center (NPRC), St. Louis, MO; National Archives and Records Administration (NARA), College Park, MD; VARO and Insurance Center, Philadelphia, PA; and VA Evidence Intake Center, Newnan, GA. l.  NPRC officials located a special order that shows the deceased was separated on 9 December 1941. Two affidavits (that were signed more than one (1) year after the events) by fellow soldiers in the same unit attested to the fact that the deceased was a casualty on 23 December 1941. The NPRC official informed the applicant, "Greater credence is placed in the official order of separation than in the affidavits. Although it is possible that subject [deceased] may never have received the order. There is nothing to support such a positon. Regrettably the decision of the final date of service cannot be overturned." m.  The applicant provides a detailed account, along with commentary, relating to correspondence from NPRC. She questions why the affidavits are acceptable proof of her relative’s death, but not proof that he died in service to his country. She adds NPRC did not establish that the deceased received the separation order. n.  The applicant states that the Non-Current Records Division, Office of the Adjutant General, General Headquarters, Armed Forces Philippines, Quezon City, Philippines, supplied records from the Commonwealth Army of the Philippines pertaining to the deceased. The record indicates that the deceased was placed in a beleaguered status from 8 December 1941 to 23 October 1944; he died at Pozorrubio, Pangasinan on 23 December 1941; and he was paid as a private from 8 December 1941 to 23 October 1944. o.  The applicant offers a personal plea for an explanation of the inaccuracies and inconsistencies in the deceased's records. She states the deceased's separation from service should be voided and his records corrected, as follows: * Inducted: 2 November 1941, Philippine Army, USAFFE * Rank: Private * Unit: Company B, 1st Battalion, 72nd Infantry Regiment, 71st Division * Status: Beleaguered, from 8 December 1941 to 23 December 1941 * Killed in Action: 23 December 1941 p.  She concludes by stating the payment of arrears in pay, death benefits, indemnity, and gratuity payments due to the deprivation suffered by the family is supported by United States law and regulations. 3.  The applicant provides a self-authored statement (summarized above) and enclosures identified as Tabs i thru iii. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1.  Counsel, the daughter of the deceased brother (Cesar R. S____) of the deceased, appointed under a special power of attorney granted by the deceased brother and subsequently appointed by an special power of attorney granted by the applicant (surviving sister Rosalina S. C____) of the deceased, requests correction of the deceased's military service records to show he served in the Philippine Commonwealth Army from 2 November 1941 until the time of his death on 23 December 1941; thereby voiding the deceased's discharge of 9 December 1941. 2.  Counsel states that Service determinations have differed with respect to the deceased's military service. The purpose of the request for correction of the deceased’s military service records is to allow prosecuting to finality the receipt, distribution, and settlement of VA claims relating to the deceased's military service. 3.  Counsel provides copies of two special power of attorneys appointing and authorizing her to act on behalf of the deceased's next-of-kin with respect to matters of the deceased's military service. 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.  A request submitted by the ABCMR, Army Review Boards Agency, to NPRC failed to return any military service records pertaining to the deceased. However, the records provided by the applicant offer sufficient evidence for the Board to conduct a fair and impartial review of this case. 3.  In support of the application the applicant provides, in pertinent part, the following documents: a.  Sworn Affidavit of Leon G___ and Cecilia C____ (friends of the deceased's parent), attested to on 10 December 1947, that shows, to the best of their knowledge, the deceased was born on 21 October 1921. b.  Commonwealth of the Philippines, Department of Public Instruction, Bureau of Education, Negros Oriental Trade School, which shows the deceased completed the "Trade Curriculum in Woodworking" on 29 March 1941. c.  Preparatory Military Training Certificate, Negros Oriental Trade School that shows the deceased successfully completed the course requirements on 27 May 1941. d.  A letter from the deceased (Company B, 72nd Infantry Regiment, USAFFE) to his mother, dated 4 December 1941. It states: Ma, I thought I could deffer [sic] in spite of your effort of coming to Fabrica – pleading for my defferment [sic]. Now, I miss [illegible] we are bound for Tarlac on the six[th] of this month – Saturday (December 6). This is really sure – we are going to Tarlac we were just inform[ed] this afternoon. With regard to my defferment I have no more hope of that. I have asked the officials about it and they said, 'wait until the approval comes.' When will it come? Maybe it will never come. Well – never mind. Anyway, we are going to Tarlac just for adventure not for war. So please, help me pray for hope – Father Almighty, may help me in my way, prolong our lives so that we will be able to see each other again someday. Ma –, you might come to Fabrica for the sake of that. There's no need you will be wasting your money. Keep steady. Stay where you are. Think more of nothing of me. I'll be alright. Pay more attention to my brothers and sisters. Inday, Titi, Doming. Rose. Oh! How I like to see them before I leave. Yes, I'm sure I'll be coming back but who knows – So please help me pray for my return. So I said don't come to Fabrica. e.  Reference is made to Special Order Number 91, date not specified, that honorably discharged the deceased effective 9 December 1941. (A copy of the order was not provided.) f.  Signed (undated) Affidavit of Benito B. S____, Private, Headquarters and Service Company, 72nd Infantry, 71st Division. It shows, in pertinent part, Note: [The deceased] was with us when our unit was transported to Manila right after our induction. We reached Manila – December 7, 1941 on board SS Mayon. From Manila our unit moved to Camp O'Donnel Capas Tarlac, the mobilization center. We didn't stay long in Casas. Our unit moved to Urdanota, Pangasinan and our unit was at Pinmaludpud River. Then after staying several days our unit encountered the Japanese Forces at Pozorrubio, Pangasinan on December 23, 1941. [The deceased] was hit on the lap thus he was not able to withdraw. He was left in the spot for the Japanese Forces was superior during the fight. Our unit was temporarily disorganized so that others were in Cabanatuan, Nueva, Ecija and others were in other places of Pangasinan. After our reorganization at Nueva, Ecija, we were brought to Bataan on January 1942. Thus, our unit was assigned to defend Bagac, Bataan until our surrender on April 9, 1942 as declared by General Waveright USA. g.  Sworn Affidavit of Binito S___ [same ASN as in paragraph 3f, above], former private, Headquarters and Service Company, 72nd Infantry, 71st Division; attested to on 24 May 1946. It shows, in pertinent part: 1. That I knew personally late Private [Deceased], Infantry. 2. That he was inducted into the USAFFE together with me at Magallon Negros Occidental by Colonel Boggs and was later moved to Pazarubio, Pangasinan, our last stationed [sic]. 3. That he was on action on 23rd of December 1941 at Pazarubio, Pangasinan were [sic] he was severely wounded at his right LAPP with bullet wound and died instantly. 4. That he was not treated by any medical officer and medical aid man nor he was [sic] carried to any secluded place for treatment due to the hard pressure and fast advancing troop of the enemy. 5. That I know his death personally because I was in the same regiment and were together in the battle line in Pazarubio, Pangasinan and saw him lying on the ground where he died. 6. That late Private [Deceased] was not married and no children left when he died. h.  Sworn Affidavit of Alfredo de L___, Insular Collector of Customs, Republic of the Philippines, attested to on 10 June 1947, that shows, in pertinent part, the vessel Mayon entered/was in Manila on 7 December 1941, and set sail from Manila on 8 December 1941. i.  "My Report and History of the War" prepared by First Lieutenant John O. Zimmerman and certified on 23 March 1948. The officer was stationed in Manila and described learning of the news of the attack on Pearl Harbor and the destruction of aircraft on both Ebba and Clark Air Fields on 8 December 1941. He described his unit's operational movements and also attacks by Japanese forces through February 1942. There is no mention of the deceased in the report. j.  VARO Manilla letter, dated 11 June 1954, that shows an VA Adjudication Officer informed the deceased's mother: To date, we have not received any change in the prior report of the Army showing that 'subject individual had no recognized guerrilla service nor was he member of the Commonwealth Army [of the Philippines] in the service of the Armed Forces of the Unites States. Unless the Army redetermines the service of [the deceased], we cannot taken [sic] any further action on your claim. k.  Sworn Affidavit of Roque A___, former member of Company B, 1st Battalion, 72nd Infantry, 71st Division; attested to on 23 March 1959. It shows, in pertinent part, that he and the deceased were both inducted and assigned to Company B, 1st Battalion, 72nd Infantry, 71st Division, Philippine Commonwealth Army (USAFFE). It also shows, "That in our encounter with the Japanese at Sison, Pangasinan, on December 23, 1941, Private [deceased] was one of the casualties suffered by our company, because I actually saw him wounded and dying in the late afternoon December 23, 1941, while we were retreating." l.  VARO Manilla letter, dated 11 September 1959, that shows a VA official informed the deceased's mother: As you were advised, your claims for death benefits were disallowed because the Department of the Army reported that your son, [the deceased], has no valid military service in the Armed Forces of the United States. The Department of the Army referred to in this case is the Army Records Center, Recovered Personnel Section, 9700 Page Boulevard, St. Louis, Missouri, and not the Philippine Army Headquarters at Camp Murphy, Quezon City. We regret, therefore, that we cannot comply with your request. It is suggested that you follow the instructions in the attached 'Elements of Proof Required to Establish USAFFE Status' in establishing the military service of your son. m.  Signed Affidavit of Antonio O. P____, former junior officer of Company B, 1st Battalion, 72nd Infantry, 71st Division; attested to on 23 November 1959. It shows, in pertinent part, that the deceased was a member of the unit. It also shows: That I personally know that Private [Deceased] was with our company when we encountered the Japanese at Sison, Pangasinan, on December 23, 1941, but when we reorganized our company after the battle of Sison, Pangasinan, Private [Deceased] was one of those found missing. We know this because we had a physical check up of our men. We suffered more than thirty casualties or missing personnel at the battle at Sison, Pangasinan. That after the battle of Sison, Pangasinan… we retreated towards Bataan, but on the way we encountered the enemy from time to time, but in all these engagements Private [Deceased] did not participate anymore. n.  Sworn Affidavit of Julian S___, former member of Company B, 1st Battalion, 72nd Infantry, 71st Division; attested to on 23 November 1959. It shows, in pertinent part, that he and the deceased were both inducted and assigned to Company B, 1st Battalion, 72nd Infantry, 71st Division, Philippine Commonwealth Army (USAFFE). It also shows, "That in our encounter with the Japanese at Sison, Pangasinan, on December 23, 1941, Private [Deceased] was one of the casualties suffered by our company, because I actually saw him wounded and at the point of death in the late afternoon of December 23, 1941, while we were retreating." o.  Numerous copies of documents/correspondence related to claims filed over the course of the years in pursuant of veteran benefits based on the deceased's military service. The claims have been denied. p.  VA letter, dated 22 December 1961, that shows a VA adjudication officer informed the American Legion, via the U.S. Embassy (Manila), that the U.S. Army made a re-certification of the service of the deceased and the records show he was a private in Company B, 72nd Infantry, 71st Division, Philippine Commonwealth Army, from 2 November 1941 through 9 December 1941. It also shows, "However, having been erroneously accepted, Private [Deceased] was relieved from service on December 9, 1941, with the AFUSIP [Armed Forces of the United States in the Philippines] because of established minority. The records further indicate that the veteran did not die while in the service." q.  Certificate signed by Major Edmund Q____, Assistant Adjutant General, General Headquarters, Commonwealth Army of the Philippines, dated 8 May 1978. It shows: "This is to certify that according to records of Private [Deceased], ASN Unknown, Infantry, available in this Headquarters, subject was on beleaguered status from 8 December 1941 to 23 October 1944; died at Pozorubio, Pangasinan on 23 December 1941. Paid as Private from 8 December 1941 to 23 October 1944." r.  Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, letter, dated 20 March 1981, that shows the Director, Personnel Services, informed the applicant that an examination of the deceased's record showed that a re-certification of his military service was furnished the VARO (Manila) on 26 October 1960. He also informed her that her parents should contact that office for information regarding any benefits to which they may be entitled. s.  NPRC, St. Louis, MO, letter, dated 13 April 2015, that shows an expert archives technician informed the applicant's brother, in pertinent part: There is documentation in the claim folder that [the decease] was killed in action on 23 December 1941. Two affidavits were signed by fellow soldiers in the same unit attesting that on that date an encounter with the Japanese forces that [deceased] was one of the casualties suffered by the company. The rejection of the affidavits was due to a decision in the civil court regarding the acceptance of affidavits that were made more than a year after the events that were attested to. There is a special order that indicates the separation was on 9 December 1941. Greater credence is placed in the official order of the separate than in the affidavits. Although it is possible that subject may never have received the order. There is nothing official to support such a position. Regrettably the decision of the final date of service cannot be overturned." t.  NPRC, St. Louis, MO, letter, dated 27 July 2015, that shows an archives technician informed the applicant's brother, in pertinent part: "The Army has advised us that these service determinations were made by competent authority during a robust effort in the post-WWII era and that determinations rendered for the Philippine Commonwealth Army (including recognized guerillas) are final as of 30 June 1948 and will not be altered." It also shows, "We do not render service determinations. We retrieve and authenticate records of prior Army service determinations. u.  VA Evidence Intake Center, Newnan, GA, letter, dated 22 October 2015, that shows the Director of the Regional certified that VA records show the deceased's date of death was 23 December 1941. v.  A copy of the application (with enclosures) submitted by her brother, dated 8 July 2014, that includes his 38-page self-authored statement and 54 exhibits partially referenced above. REFERENCES: 1. The Philippine Islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War. 2. Act of 2 February 1901 (36, 31 Stat. 748, 757), Filipino Companies of the U.S. Army, authorized the creation of: "Old" (or "Regular") Filipino Scouts, which were comprised of "natives" of the Philippine Islands who "enlist[ed]," or were provisionally appointed as officers, "for service in the [U.S.] Army" and were "organized as scouts." (The U.S. Supreme Court has recognized that "old" or "regular" Filipino Scouts were part of the U.S. Army.) "Companies… for the Regular Army [RA]," to be comprised of "natives" who "enlist[ed]," or were provisionally appointed as officers, "for service in the [U.S.] Army" [as "Old" or "Regular" Filipino Scouts]. (This provision of the statute established that members of such companies were members of the U.S. Army.) 3. Military Order issued by President Franklin D. Roosevelt, The White House, dated 26 July 1941: "Organized Military Forces of the Government of the Commonwealth of the Philippines Called into Service of the Armed Forces of the United States." The order called and ordered into the service of the U.S. Armed Forces, for the period of the existing emergency, all of the organized military forces of the Government of the Commonwealth of the Philippines and placed them under the command of a General Officer of the United States Army, to be designated by the Secretary of War from time to time. 4. Headquarters, USAFFE, General Order Number 46, dated 18 December 1941, under the command of General Douglas MacArthur, ordered the entire Philippine Army into the USAFFE and mobilized them. 5. Public Law 77-490 (77th Congress), Missing Persons Act (MPA), approved 7 March 1942, provided for continuing payment of pay and allowances of personnel during periods of absence from post of duty, and for other purposes. When the 12-month period from date of commencement of absence was about to expire and member's status was unchanged, full review of case was to be made. If presumed still living, missing status continued; otherwise, a finding of death. (Effective from 8 September 1939, through termination of war, and for 12 months thereafter, unless terminated earlier by the U.S. Congress or President.) 6. The United States Forces in the Philippines (USFIP) replaced the Armed Forces of the United States in the Philippines ((AFUSIP) in March 1942. 7. Moreno v. United States Number 48754 (Federal Supplement Volume 93, Number 4 (607), 11 December 1950), United States Court of Claims, 7 November 1950, held that under the provisions of the MPA, the head of or department concerned shall have authority to make all determinations necessary in administration of the act and such determinations shall be conclusive. 8. Service regulations and Army separation regulations have addressed the procedures for defective enlistments and inductions. a. A Soldier will be released from custody and control of the Army because of void enlistment or induction if, upon receipt of satisfactory proof of date of birth, it is shown that he was less than age of majority at the time of enlistment or induction and that he had not yet attained that age. b. The regulations also show that upon determination that a period of service is void, the discharge authority will issue an order releasing the Soldier from custody and control of the Army. A discharge is the complete severance from all military status gained by enlistment or induction. 9. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. The regulation shows that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. Paragraph 2-11 states that applicants do not have a right to a hearing before the ABCMR. The Director of the ABCMR or the chair of an ABCMR panel may grant a formal hearing whenever justice requires. DISCUSSION: 1.  The applicant and counsel request personal appearance before the Board and contend, in effect, the deceased's military service records should be corrected to show he served in the Philippine Commonwealth Army from 2 November 1941 until the time of his death on 23 December 1941; thereby voiding the discharge that was effective 9 December 1941. 2.  The request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant and counsel are sufficient to render a fair and equitable decision at this time. 3.  The evidence of record shows the deceased was born on 21 October 1921 in the Republic of the Philippines. a.  He was inducted into the Philippine Commonwealth Army on 2 November 1941. At the time he had not reached the age of majority (21). b.  On 4 December 1941, in a letter to his mother, the deceased discussed the possibility of a deferment from military service (for reasons not stated); however, it did not appear this was likely to occur. At the time, the deceased was assigned to Company B, 1st Battalion, 72nd Infantry Regiment, 71st Division, Philippine Commonwealth Army (USAFFE). c.  Based on the available evidence, it appears it was then discovered that the deceased was not eligible for induction because he was less than age of majority. It is reasonable to conclude that Special Order Number 91 that discharged the deceased, effective 9 December 1941, was issued subsequent to 4 December 1941. d.  On 7 December 1941 (in the United States) and 8 December 1941 (in the Philippines), the Japanese launched attacks on Pearl Harbor, Hawaii, and concurrently in the Philippine Islands. e.  An affidavit attested to by the Insular Collector of Customs, Republic of the Philippines, shows the vessel SS Mayon entered/was in Manila on 7 December 1941, and set sail from Manila on 8 December 1941. f.  Philippine Commonwealth Army records list the deceased in a beleaguered status from 8 December 1941 to 23 October 1944; that he died at Pozorrubio, Pangasinan, on 23 December 1941; and that he was paid as private from 8 December 1941 to 23 October 1944. g.  Affidavits attested to by Soldiers assigned to the 72nd Infantry Regiment show that during an encounter with Japanese forces on 23 December 1941, the deceased was one of the casualties at Sison-Pangasinan. However, the affidavits were rejected based on a decision in the civilian court regarding the acceptance of affidavits that were made more than a year after the events that were attested to. h.  Accordingly, based on the special order that discharged the deceased, effective 9 December 1941, the DA reported that the deceased had no valid military service (i.e., negative service) in the Armed Forces of the United States. i.  On 11 June 1954, an adjudication officer (VARO Manilla) informed the deceased's mother that they had not received any change in the prior DA report showing that "subject individual had no recognized guerrilla service nor was he member of the Commonwealth Army of the Philippines in the service of the Armed Forces of the Unites States." It also shows she was advised, that unless the Army "redetermines" the service of the deceased, the VA could not take any further action on her claim. j.  On 11 September 1959, a contact officer (VARO Manilla) informed the deceased’s that the Department of the Army reported that the deceased "has no valid military service in the Armed Forces of the United States." k.  On 26 October 1960, a "re-certification" of the deceased's (i.e., no valid) military service was furnished the VARO (Manilla). l.  On 22 December 1961, a VA adjudication officer informed the American Legion, via the U.S. Embassy (Manila), the U.S. Army made a "re-certification" of the service of the deceased and the records show he was a private in Company B, 72nd Infantry, 71st Division, Philippine Commonwealth Army, from 2 November 1941 through 9 December 1941. "However, having been erroneously accepted, Private [Deceased] was relieved from service on December 9, 1941, with the AFUSIP because of established minority. The records further indicate that the veteran did not die while in the service." 4.  It appears the term "recertification" has been misinterpreted or misunderstood by the deceased's family to mean that the DA had previously "certified" that the deceased had valid military service in the AFUSIP (Philippine Commonwealth Army, USAFFE). However, the evidence of record fails to show the deceased had valid military service. 5.  The evidence of record shows that service determinations were made by competent authority during a robust effort in the post-WWII era and that determinations rendered for the Commonwealth Army of the Philippines (including recognized guerillas) were final as of 30 June 1948 and should not be altered. 6.  The evidence of record also shows a Soldier will be released from custody and control of the Army because of void enlistment or induction if, upon receipt of satisfactory proof of date of birth, it is shown that he was less than age of majority at the time of enlistment or induction and that he had not yet attained that age. a.  The deceased had not attained the age of majority (21) as of 9 December 1941. b.  Upon determination that a period of service is void (i.e., not valid; negative service), the discharge authority will issue an order releasing the Soldier from custody and control of the Army. c.  A discharge is the complete severance from any and all military status gained by enlistment or induction. d.  Special orders discharged the deceased effective 9 December 1941. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000756 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000756 15 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2