IN THE CASE OF: BOARD DATE: 31 March 2023 DOCKET NUMBER: AR20220009573 APPLICANT REQUESTS: on behalf of his father, a former service member (FSM): 1. Reconsideration of his earlier request that his records reflect the FSM's highest grade/rank held was sergeant/E-5; and 2. Correction of his service records to show: * service credit for all of his active and inactive time served * advancement in grade/pay grade on the retired list under Title 10 U.S. Code 3964 * Retirement Adjustment Pay under Public Law (PL) 85-217 * entitlement to disability retirement APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 16 June 2022 * Self-authored Statement, undated * Certificate of Death, 8 June 1979 * Undated photograph * Adjutant General Office (AGO) Form 22 (Enlistment Paper), 8 September 1919 * Certificate of Military Service, 7 September 1940 * War Department (WD) AGO Form 22 (Enlistment Record), 7 May 1945 * WD AGO Forms 53-55, 6 May 1945 and 30 June 1946 * VA Form 545 (Summary of Record of Service), 10 May 1948 * Certificate of Military Service, 29 May 1951 * DD Form 210 (Application for Retirement), 30 May 1951 * DD Form 4 (Enlistment Record – United States), 31 May 1951 * DD Form 214 (Report of Separation from the Armed Forces of the United States), 30 May 1951 * letter, War Claims Commission, 2 July 1952 * DA Form 632, page 2 (form name not shown), 18 July 1952 * letter, Finance Division, U.S. Army, 18 February 1953 * memorandum, HQ, U.S. Army Reserve, 31 January 1955 * Headquarters (HQ), U.S. Army Pacific, Special Orders Number 56, 18 April 1957 * DD Form 230 (Service Record), 7 May 1957 * DA Form 632 (Certification of Information for Retired Pay), 11 April 1958 * letter, HQ, Office of the Chief of Finance Department of the Army (DA), 19 August 1959 * Finance Center (FC) Form 0-1232 (Transmittal of Claim), undated * DD Form 1096 (Military Pay and Allowance Claims Voucher), 14 August 1960 * Philippines Newsletter, Volume 1, 31 March 1962 * letter, Finance Center, DA, 15 April 1968 * Republic of Philippines Certificate of Death, 8 June 1979 * pamphlet, Army Echoes, "Are There Errors in Your Military Records" undated * pamphlet, Army Echoes, "Advancement on the Retired List" circa 2016 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20190003438 on 13 January 2020. 2. The applicant states, in effect, the FSM should have been separated from service at grade/pay grade sergeant/E-5, he should have been granted disability retirement, and he should have been advanced in grade/pay grade on the retired list. 3. The applicant provide copies of the FSM's service records: a. A DD Form 149 and self-authored statement, 16 June 2022. b. A WD AGO Form 22 (Enlistment Paper), 8 September 1919, showing the FSM enlisted in the U.S. Army at Fort William McKinley, Philippines, for a period of 3 years at age 18, and beginning at the rank of private. c. An undated re-colorized photograph. d. A Certification of Military Service, showing the FSM served continuously in the U.S. Army from 8 September 1919 to 7 September 1940 and he was honorably discharged at the rank private first class. e. A WD AGO Form 53-55, showing the FSM reenlisted on 8 September 1940, in the Philippine Scouts Component, he was honorably separated on 6 May 1945 at grade Technician Fourth Grade (Tec 4/E-4) in order to reenlist, and he participated in the battles for the defense of Luzon from 7 December 1941 to 7 May 1942. f. A WD AGO Form 22, showing the FSM reenlisted on 7 May 1945 in the Philippine Islands and the Philippine Scouts of the Army of the United States Component for a period of 3 years at grade PFC. g. A WD AGO Form 53-55, showing the FSM was honorably separated on 30 June 1946 at grade Tec 4 h. A VA Form 545 showing a summary of the FSM's record of service. i. A Certification of Military Service, showing the FSM served honorably from 1 July 1946 to 29 May 1951. j. A DD Form 210, 30 May 1951, showing the FSM applied for retirement at the rank Tec 4 (E-4). This form shows his chronological service, units, and promotions from private to Technician Fourth Grade (E-4) while he was assigned to the Philippine Scouts Component. k. A DD Form 4, 30 May 1951, showing the FSM reenlisted at Clark Air force Base in the Philippine Scouts Component for a period of 3 years at the grade/pay grade private 2/E-2. This form shows he completed 24 years and 22 days for pay purposes. l. A DD Form 214, 31 May 1951, showing the FSM was retired at grade/pay grade private 2/E-2 and transferred to the Enlisted Reserve Corps (Inactive) after having completed 24 years and 22 days of total net service. His total active Federal Service for Retirement and basic pay was 24 years and 24 days. m. A War Claims Commission letter to the FSM, 2 July 1952, showing the FSM's claim for benefits under Section 6 of the War Claims Act of 1948 (Public Law 896, 80th Congress, 3 July 1948) was approved in the sum of $417.00. This payment was to cover his imprisonment from 7 May 1942 to 27 June 1943. n. A DA Form 632, 18 July 1952, showing partially legible unit information, principle duties, and dates of service on a questionnaire. o. A letter from the Finance Center, U.S. Army, 18 February 1953, denying his claim of retroactive payment for rations and allowances from 6 May 1942 to 11 April 1945 under Public Law 606, 77th Congress, while he was a prisoner of war. p. A memorandum issued by HQ, US Army Reserve Philippines (USARP), 31 January 1955, showing the reassignment of U.S. Army Reservists in the Philippines to comparable USAR Component Control Groups. q. Special Orders Number 56, 18 April 1957, discharging the FSM from the USARP and reassigning him to USAR Control Group (Retired), in the rank private 2/E-2, effective 7 May 1957. r. The FSMs DD Form 230, showing his service from 1 June 1951 to 7 May 1957. s. A DD Form 424, 11 April 1958, showing the FSM received a certification for retired pay with a total actual active service of 25 years, 9 months, and 25 days. t. A letter from the DA, Office of the Chief of Finance, 19 August 1959, in response to the FSM's correspondence to the President. u. A Finance Center U.S. Army Form 0-1232, showing a payment of an indecipherable amount was approved on 29 August 1957, and awarded to the FSM and approved sometime in 1959. v. A military pay voucher (DA Form 1096), stamped 16 September 1959, showing and indecipherable amount (approximately $700.00) was paid to the FSM. w. An Army Retired Activities Newsletter from the Philippines, 31 March 1962. x. A letter from the Finance Center, DA, 15 April 1968, denying his refiled claim for allowance of quarters and subsistence and not applicable for members of the Philippine Army attached to the U.S. Armed Forces, Far East. y. A Republic of the Philippines Certificate of Death, showing the FSM died in June 1979. z. Two narratives from Army Echoes pamphlet, circa 2016, "Are There Errors in Your Military Records?" and "Advancement on the Retired List." 4. A review of the FSM's available service records shows: a. On 8 September 1919, the FSM enlisted in the U.S. Army at Fort William McKinley, Philippines, for a period of 3 years at age 18, beginning at the rank of private. b. On 7 September 1940, the FSM was honorably discharged at the rank PFC. c. A WD AGO Form 53-55 issued to the FSM on 6 May 1945, shows he reenlisted on 8 September 1940 in the Philippine Scouts Component; he was honorably separated on 6 May 1945 at grade Technician Fourth Grade (Tec 4/E-4) in order to reenlist, and he participated in the battles for the defense of Luzon from 7 December 1941 to 7 May 1942. He had 22 years, 10 months, and 28 days for longevity for pay purposes. He was not entitled to pay under provisions of the Missing Persons Act (MPA) from 16 July 1942 to 16 April 1945. His highest grade held was Tec 4. d. On 7 May 1945, the FSM reenlisted for 3 years in the in the Army of the United States Quartermaster Corps of the Philippine Scouts Component. This enlistment document WD AGO Form 22, shows he was discharged in the grade of PFC on 6 May 1945. e. On 30 June 1946, the FSM was honorably discharged after serving 1 year and 23 days. His WD AGO Form 53-55 shows his rank at separation as Tec 4/E-4. It further shows his highest rank held was Tec 4/E-4. He was awarded the World War II Victory Medal. He had 24 years and 22 days longevity for pay purposes and time lost from 16 July 1943 to 16 April 1945, under the MPA. f. His records contain a Certification of Military Service showing he served in the Army of the United States from 1 July 1946 to 29 May 1951 and was honorably discharged at the last rank and grade of private/E-1. g. On 30 May 1951, the FSM applied for retirement. A DD Form 210 shows his unites, the dates of service and the grade at which he was discharged. The highest grade held was T/4 (Tec 4). The remarks section of this applications shows no time was lost under the meaning of the MPA. He was not entitled to enlistment allowances as a Filipino national enlisted in the Philippine Scouts for the purpose of retirement. h. On 30 May 1951, the FSM enlisted in the Philippine Scouts (Unassigned) for a period of 3 years beginning at rank private 2/E-2. i. On 31 May 1951, the FSM was retired. His DD Form 214 (Report of Separation from the Armed Forces of the United States), shows he was retired at rank/grade private 2 E-2 and he was transferred to the Enlisted Reserve Corps (ERC). He completed 24 years and 24 days total net service for pay purposes. j. The FSM's records contain a DD Form 230 (Service Record) showing he served in the ERC from 1 June 1951 to 7 May 1957. He was appointed a Private 2/E-2 on 1 June 1951 and received no promotions during this time. k. Special Orders Number 56, issued by HQ, U.S. Army Pacific, 18 April 1957, placed him on the USAR Control Group (Retired), effective 7 May 1957. l. A DD Form 424, Certification for Information for Retired Pay, 11 April 1958, shows he applied for retired pay in the grade corporal/E-4. m. A memorandum, 2 June 1964, shows the FSM requested his retired pay at age 60 in the to begin on 1 June 1961. n. His records are void of orders or any indication he was promoted to sergeant/E-5. o. A Certificate of Death issued by the Republic of the Philippines, shows the FSM died on 8 June 1979. p. In ABCMR Docket Number AR20190003438, the Board denied the applicant's request to amend the FSMs records to show his highest grade/rank as sergeant/E-5. The Board found no evidence indicating the FSM was promoted higher than the rank/grade of corporal/E-4. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's request, supporting documents and evidence in the records. Documentation available for review is void evidence that the applicant had been recommended for, or obtained the rank of sergeant/E-5. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any other relief not stated above. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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 to amend the decision of the ABCMR set forth in Docket Number AR20190003438 on 13 January 2020 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. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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. 2. Army Regulation 635-8 (Separation Documents), currently in effect, provides for the preparation and distribution of the DD Form 214. Paragraph 5-6 provides detailed instructions for data required in each block of the DD Form 214. Verify that active duty grade or rank and pay grade are accurate at time of separation. 3. Title 10 USC, section 3961 states, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement. 4. Title 10 USC, section 3964 (Higher grade after 30 years of Service: Warrant officers and Enlisted Members) states that each retired member of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily as determined by the Secretary of the Army. 5. Public Law 85-217 (Missing Persons Act) states that any person who is in the active service, or is performing full-time training duty, other full-time duty or inactive duty training and who is officially determined to be absent in a status of missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, or besieged by a hostile force shall, for the period he is officially carried or determined to be in any such status be entitled to receive or to have credited to his account the same basic pay, special pay, incentive pay, basic allowance for quarters, basic allowance for subsistence station per diem allowances for not to exceed ninety day to which he was entitled at the beginning of such period of absence or may become entitled to thereafter, except that the pay and allowances for a person who is performing full-time training duty or other full-time duty without pay, or inactive duty training with or without pay, shall be that to which he would have been entitled to if he had been performing full-time active duty with pay, and entitlement to pay and allowances shall terminate upon the date of receipt by the department concerned of evidence that the person is dead or upon the date of death prescribed or determined under provisions of Section 5 of this act. There shall be no entitlement to pay and allowances for any period during which such person may be officially determined absent from his post of duty without authority and he shall be indebted to the Government for any payments from amounts credited to his account for such period. Notwithstanding any other provision of law, such entitlement to pay and allowances shall not be denied, in the case of any member of the Philippine Scouts who was captured in the Philippine Islands by the enemy during World War II, solely on the grounds that such member was paroled and permitted to return to his home and engage in civilian pursuits prior to the termination of the Japanese occupation of such islands. Claims of members of the Philippine Scouts for pay and allowances under this subsection whether or not such claims have been presented and rejected or disallowed may, until three years after the date of enactment of this subsection, be presented for consideration or reconsideration and payment under this subsection. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009573 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1