IN THE CASE OF: BOARD DATE: 6 April 2020 DOCKET NUMBER: AR20180013571 APPLICANT REQUESTS: The applicant, the spouse of the Former Service Member (FSM) of the Army of the United States (AUS) Philippine Scouts (PS), requests correction of the FSM PS record to show he was a member of the Regular Army. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Military service, dated 17 September 2013 * Veterans Affairs (VA) letters, dated 6 December 2012 and 21 May 2018 * VA letter, dated 26 June 2018 * WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) illegible copy * Honorable Discharge Certificate * Death Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in effect, her Civilian Health and Medical Programs of the VA (CHAMPVA) benefits and her U.S. Citizen and Immigration Service (USCIS) has been denied. 3. The FSM PS military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consists of: a. Certificate of Military Service showing the FSM PS was a member of the AUS PS from 16 October 1945 to 22 July 1946, and he was honorably discharged in the rank of private first class. b. VA letter showing the FSM PS entered active duty on 6 February 1941 and was released from active duty on 22 July 1946 AUS PS, A Company, 1st Military Police (MP) Battalion (BN). c. Verification of military service showing the FSM PS entered active Federal Service in the AUS S on 6 February 1941 and was honorably discharged from the PS. d. DD Form 2510-1 (Prisoner of War (POW) Medal Application/Information (Philippine Commonwealth Army Recognized Guerilla Veterans) showing the FSM PS was a POW and assigned to A Company, 1st MP BN, AUS. e. VA master index card showing the FSM PS was discharged on 22 July 1946 and at the time he was assigned to B Company, 1st Filipino Infantry. f. VA Form 3-3145 (Notice of Assignment of C- Number) showing the FSM PS was assigned to the VA Regional Center in Manilla, Philippines. g. WD AGO Form 53-55 and Honorable Discharge Certificate (both forms are illegible). 4. The applicant provides: a. VA letters wherein she was informed that based on a Veterans Benefits Administration data match, it was identified the Veteran sponsor served in either the Philippine Commonwealth Army, PS, or as a Philippine Guerilla, and was not considered as qualifying CHAMPVA sponsors. Therefore, she was not eligible for CHAMPVA. b. June 2018 VA letter wherein the applicant was provided with the best copies of the FSM PS WD-AGO 53-55. c. Honorable Discharge Certificate showing the FSM PS was honorably discharged from the service of the U.S. of America. c. Death certificate showing the FSM died on 30 July 2004 of multi-organ failure. 5. The VA website provides the following information related to Filipino Veterans: a. According to the Veterans Claims Assistance Act of 2000 (VCAA), section 1002(d) defines an eligible person as (1) any person who served either (a) before 1 July 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated 26 July 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the AUS; or (b) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945; and (2) was discharged or released from service described in paragraph (1) under conditions other than dishonorable. American Recovery and Reinvestment Act section 1002, Public Law Number 111-5. b. To be eligible for CHAMPVA you must be in one of the following categories: * spouse of a Veteran who has been rated permanently and totally disabled for a service connected disability by a VA Regional office * surviving spouse of a Veteran who died from a VA-rated service connected disability * surviving spouse of a Veteran who was at the time of death rated permanently and totally disabled from a service connected disability 6. VA fact sheet provides the following information pertaining to VA benefits for Filipino Veterans: a. The U.S. recognizes service in the PS, Commonwealth Army of the Philippines, and Guerilla Service as qualifying for some benefits. b. Regular Philippine Scouts, or "old scouts," were members of a small, regular component of the U.S. Army that was considered to be in regular active service. Originally formed in 1901, long before any formal plan for Philippine independence, the Regular Philippine Scouts were part of the U.S. Army throughout their existence. c. Commonwealth Army of the Philippines. Also known as the Philippine Commonwealth Army, these Veterans were called into the service of the United States Armed Forces of the Far East (USAFFE), its members serving between 26 July 1941, and 30 June 1946. d. Guerrilla Service. People in this group served as guerrillas in USAFFE in resistance units recognized by and cooperating with U.S. forces between April 20, 1942, and June 30, 1946. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the FSM’s military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their WD AGO Form 53-55. The Board concluded there was insufficient evidence of an error or injustice which would warrant a change in the military service component of the FSM. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : XXX :XXX :XXX DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, 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 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. 2. The VA website provides the following information related to Filipino Veterans: a. According to the Veterans Claims Assistance Act of 2000 (VCAA), section 1002(d) defines an eligible person as (1) any person who served either (a) before 1 July 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated 26 July 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the AUS; or (b) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945; and (2) was discharged or released from service described in paragraph (1) under conditions other than dishonorable. American Recovery and Reinvestment Act section 1002, Public Law Number 111-5. b. To be eligible for CHAMPVA you must be in one of the following categories: * spouse of a Veteran who has been rated permanently and totally disabled for a service connected disability by a VA Regional office * surviving spouse of a Veteran who died from a VA-rated service connected disability * surviving spouse of a Veteran who was at the time of death rated permanently and totally disabled from a service connected disability 3. VA fact sheet provides the following information pertaining to VA benefits for Filipino Veterans: a. The U.S. recognizes service in the PS, Commonwealth Army of the Philippines, and Guerilla Service as qualifying for some benefits. b. Regular Philippine Scouts, or "old scouts," were members of a small, regular component of the U.S. Army that was considered to be in regular active service. Originally formed in 1901, long before any formal plan for Philippine independence, the Regular Philippine Scouts were part of the U.S. Army throughout their existence. c. Commonwealth Army of the Philippines. Also known as the Philippine Commonwealth Army, these Veterans were called into the service of the USAFFE, its members serving between 26 July 1941, and 30 June 1946. d. Guerrilla Service. People in this group served as guerrillas in USAFFE in resistance units recognized by and cooperating with U.S. forces between April 20, 1942, and June 30, 1946. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013571 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1