National Personnel Records Center

General Background and miscellaneous correspondence procedures unique to the Philippine Army Records

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
National Personnel Records Center
St. Louis, Missouri 63138

NPRC 1865.125
April 15, 2002

SUBJECT:  General Background and miscellaneous correspondence procedures unique to the Philippine Army Records

  1. Purpose.  This memorandum provides information regarding the general background and contents of the Philippine Army (PA) records and related holdings.  It outlines reference services and inquiry processing procedures concerning individuals who served, or allegedly served with the Philippine Commonwealth Army of the United States Armed Forces Far East (USAFFE), or recognized Guerrilla forces in World War II.
     
  2. References.
     
    1. PL 77-490, The Missing Persons Act, as amended.
    2. National Service Life Insurance Act of 1940, as amended.
    3. Nationality Act of 1940, Immigration & Naturalization, as amended.
    4. Social Security Act, PL 734, 81st Congress, as amended.
    5. Freedom of Information Act (FOIA)
    6. Other laws granting Veterans Affairs benefits
    7. Reference Manual, Recovered Personnel Records Branch (AR-PERSCOM), dated August 31, 1955
    8. AR 340-17, Release of Information and Records from Army Files
    9. AR 672-5-1, Military Awards
  3. Applicability.  This memorandum is applicable to all Philippine Army team personnel.
  4. Contents, responsibilities and instructions.  General information, responsibilities, and instructions for providing reference services for PA records are provided in Chapter 1.  Detailed processing procedures for the types of inquiries most frequently received are in Chapter 2.  The Appendix contains history, guidance and considerations used in properly processing PA inquiries.  This includes detailed historical data, definitions, and guidance issued at the time of the occupation of the islands through liberation and following.  This documentation is commonly referred to in providing accurate assessments of valid PA service since it defines what constitutes valid service dates, and other guidelines.  Archive Technicians must be familiar with this extensive background, history and guidance to properly process PA inquiries.  Guidance includes:
     
    • Name variations, and letter variation listings
    • Aliases
    • Valid types of service, i.e., USAFFE, Guerrilla
    • Valid service dates
    • Valid locations where service was performed
    • Valid units and their dates of operation
    • Understanding Terminology regarding the PA
    • Criteria for determining casualty status
    • Valid affiant information
    • Invalid affiants
  5. Forms.  This memorandum provides for the use of internal forms, inquiry forms from other Government agencies, and archival forms (used as a matter of record).  (Chapter 2, Figures 2-1 through 2-46 contains examples or samples of the forms listed below.)
     
    1. Internal forms and forms provided by authorized Government agencies.  These are forms originating from other Government agencies; or are forms originating from this Center, furnished in response to inquiries received.  Valid service data information requested on forms is searched in the military organizational files.  The following forms are used to document any information located and verified:

      NPRC Test Form 02-01, Request for Additional Information on VA Form 3101
      NPRC Test Form 02-02, Additional Information (Supplement to VA Form 3101)
      NPRC Test Form 02-03, Additional Information
      NPRC Test Form 02-04, Determination of Status Under the MPA, As Amended (No status)
      NPRC Test Form 02-05, Determination of Status Under the Missing Persons Act, As Amended
      NPRC Test Form 02-05A, Determination of Status Under the Missing Persons Act, As Amended
      NPRC Test Form 02-13, Request for and Report of Search
      Form N-426, Request for Certification of Military or Naval Service (INS form)
      SSA Form 654-U4, Request for Information from Uniformed Services (Social Security form)
      DA Form 1577, Authorization for Issuance of Awards
      VA Form 3101, Finding Aid Report
      WIF (work-in-file) Form (no form number), Subject: Military Records (Originates from Quezon City, Philippines, and regards list cases)

    2. Archival forms and claims folder documents.  The following forms are either already apart of the individuals service record; or they are completed from information located in the PA archives and/or from the individual´s service record.  Some of these forms are completed concurrent with processing an inquiry, and filed as a matter of record in the claims folder.  This is accomplished by documenting the service-related evidence found in archival documents, from the individual´s claims folder, or from information provided by an authorized Government agency.  Allowable evidence or proof of service received from the veteran or their representative may also be documented on these forms.

      NPRC Test Form 02-06, Record of Casualty in the Field
      NPRC Test Form 02-07, Certificate, Death Record of POWs
      NPRC Test Form 02-08, War Department Casualty Report
      NPRC Test Form 02-09, Record of Hospitalization (Hermosa & Bulacan Hospitals)
      NPRC Test Form 02-09A, Record of Hospitalization (Tarlac & Pampanga Hospitals)
      NPRC Test Form 02-10, Record of NSLI (National Service Life Insurance)
      NPRC Test Form 02-11, Prisoner of War Information
      NPRC Test Form 02-12, Request for Archive Information and Record of Search
      AGRD Form WCC-1, Military Service Data
      GSXRP (PA) Form 9, Claim for Arrears in Pay and Quarters Allowances
      Form 22-A PA, Personal Record, Army of the Philippines
      PA AGO Form 23, Affidavit for Philippine Army Personnel
      WD AGO Form 38, Report of Physical Exam of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement
      AGRD Form 46, Request for Information
      WCC Form 602, Application for Ex-Prisoner of War Allowance

 

R. L. HINDMAN
Director


ATTACHMENT

GENERAL BACKGROUND AND MISCELLANEOUS CORRESPONDENCE PROCEDURES UNIQUE TO THE PHILIPPINE ARMY RECORDS SECTION

TABLE OF CONTENTS

 


CHAPTER 1.  GENERAL INFORMATION, RESPONSIBILITIES AND INSTRUCTIONS

TABLE OF CONTENTS

Paragraph
  Title

Paragraph
Number

General........................................... .........

1

Content of Philippine Army military organizational records..

2

Inquiry processing................................ .........

3


CHAPTER 1. GENERAL INFORMATION, RESPONSIBILITIES AND INSTRUCTIONS

 

  • Statement of Service.  Inquiries regarding "Statement of Service" or "Certification of Service" normally are received from three sources.  These sources are the Social Security Administration (SSA), regarding retirement benefits, or inquiries from SSA regarding PL 106-109 inquiries, or from individuals requesting a statement of service.
     
    1. General.  SSA inquiries are usually submitted to NPRC on Form SSA 654-U4, Request for Information from Uniformed Services.  Inquiries may be received in other forms, and from other sources regarding individuals who served or allegedly served with the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States during the period December 8, 1941 and June 30, 1946.
       
    2. Service history data.  This data is based on evidence available in the PA military organizational records, and details regarding service status are provided to SSA on Form SSA-654-U4.  A PA Form letter, Statement of Service, is also provided to SSA regarding evidence of positive or negative service for the individual subject of inquiry.  Information regarding service in a regular Philippine Army unit during or after the liberation, including evidence of beginning and ending dates of service, location of service, release and alienation data is furnished on this form letter.  A copy of SSA-654-U4, and the PA Statement of Service form letter are filed in the claims folder.  The data provided to SSA is used for properly adjudicating a claim.  It is important therefore to use great care and accuracy in providing service history data.
       
    3. Processing procedures.  The general processing procedures detailed in processing Veterans Affairs inquiries also apply to statement of service processing with the exception of the following:

           (1)  Review the claims folder (if any) to determine a positive match with the individual on the inquiry.  Determine eligibility status by comparing cited dates of service in the inquiry against the listing of service dates legitimate for PA service.  Service must have occurred within the range of allowable service dates to be considered as valid PA service.  Verify service as either USAFFE, Guerrilla, or both by reviewing the archives information and claims folder information.

           (2)  Review inquiry by comparing with claims folder information to determine whether Inquiry is a previous determination (previously worked case), or an inquiry with no previous determination.

      Note.  For expediency in case completion, complete and provide response to previous determination type inquiries first, as detailed below, since previously documented information is readily available in claims folder.

             (a)  Previous determination.  If a Form 46, an ARPC Form 632 or 646, or NPRC Test Forms 02-03 or 02-12 is contained in the folder, case has previously been worked, possibly as another case type.  Compare information in the claims folder and on the inquiry.  If inquiry is from SSA on a Form SSA-654-U4, extract information from claims folder and complete form; if inquiry is a SOS or SSI inquiry, complete PA form letter, Statement of Service.  File one copy of all completed forms in claims folder, and return completed form to requestor.

             (b)  No previous determination.  Perform an archival search for inquiries having no claims folder, or those inquiries having no previous determination.  If no previous determination has been made, and service is found to be positive, determine qualifying service and eligibility status.  This is accomplished by comparing cited dates of service in inquiry against the listing of service dates (see note below) legitimate for PA service, and by comparing with Form 23 and inquiry information.  Service must have occurred within the range of allowable dates to be considered as valid PA service.  Verify service as USAFFE, Guerrilla, or both by reviewing the archives information and claims folder information...  Prepare an NPRC Test Form 02-03, Additional Information, from the service history data in the claims folder, and provide a copy of this form to SSA.

      Note.  The listing of legitimate service dates pertaining to USAFFE and Guerrilla is derived from Appendix 13, titled, Notes of the Philippine Army 1941-1942, Bona fide USAFFE Units, in the Standard Operating Procedures (SOP) of the Recovered Personnel Records Branch, MPRC, dated August 31, 1955.  This SOP pertains to Circular No. 305, War Department, Washington 25, D.C., July 18, 1944.

               [1]If no previous determination and service is verified as positive.  Prepare NPRC Test Forms 02-03, and/or 02-05 based on type of service.  Prepare a written response to the inquiry, indicating positive service, selecting the appropriate paragraphs from the PA library, or if applicable complete PA Form Letter, Statement of Service, or the reverse side of SSA-654-U4.  File one copy of the response, and the original inquiry from the requestor in the claims folder, or file one copy of the completed forms in the claims folder.  Mail the original of appropriate response to the requestor.

               [2]  If no previous determination and service is NOT verified as positive

                 [a]  If Guerrilla service negative.  If evidence of service is negative, complete NPRC Test Form 02-04, indicating negative service.  Prepare a written response to the inquiry, selecting the appropriate paragraphs from the PA Library, or complete PA Form Letter, Statement of Service, or the reverse of Form SSA-654-U4, as appropriate.  File one copy of the written response with the original inquiry from the requestor, or one copy of completed form, and one copy of NPRC Test Form 02-04 in the claims folder.  Mail the written response to the requestor.

      Note.  Guerrilla service cannot be verified by affidavits, and may only be used to verify USAFFE service.  For Guerrilla and USAFFE time the following service time is considered as valid:

      USAFFE Time — from Sep 1, 1941 to May 7, 1942
      USAFFE PA Air Corps — Aug 15, 1941 to May 7, 1942
      Guerrilla Time — from May 7, 1942 to Jun 30, 1946

                 [b]  If USAFFE service negative.  If service cannot be verified with reasonable certainty, search the PA affidavits information for further evidence of service.  This is accomplished by searching for affiant claim folder and insuring affiant documentation matches information available on subject of inquiry.  Claims folder must contain affidavits from affiants which are already documented, and affiant information must have occurred and be documented prior to June 30, 1948.

                   <1>  No archives hit on rosters.  Create a new claims folder.  Prepare NPRC Test Form 02-03 and 02-04.  Prepare a written response for DD Form 149, and 293, or a letter indicating negative service.  Mail original copy of written response, either the DD Form 149 or 293, or letter to the requestor.  File the original inquiry from the requestor, and one copy of DD Form 149, 293 or letter, and NPRC Test Forms in the newly created claims folder.

                   <2>  Positive archives hit on rosters.  If evidence of service exists on rosters, but no claims folder exists in the military organizational files, request additional information from VA to complete inquiry.  Prepare NPRC Test Form 02-01, Request for Additional Information to VA (for Form 23 information), and mail to VA.  Suspense case, and upon receipt of the Form 23 information from VA, inquiry can be completed.

                 [c]  If USAFFE service negative and a record of service exists.  If claims folder information indicates a record of service does exist, compare to archives information to determine whether archives hit is positive or negative.

                   <1>  If a positive archives hit.  Prepare NPRC Test Forms 02-03 and 02-05.  Prepare a written response to the inquiry, selecting the appropriate paragraph from the PA library, and mail the written response to the requestor.  File one copy of the written response, one copy of the NPRC Test Forms, and the original inquiry from the requestor in the claims folder.

                   <2>  If a negative archives hit.  Search for secondary evidence in the claims folder by searching for affiant evidence.  If claims folder contains one affiant - affiant must be sergeant or above.  If claims folder contains two or more affiants — affiant can be any rank.  If two or more affiants, at least two affiants information must match in individual´s record.  Compare the affiant information in the claims folder of subject inquiry, and determine whether information matches.  If information matches positive service is verified.  If information does not match, negative service is verified.

                       Positive service is verified.  Prepare NPRC Test Forms 02-03 and 02-05.  Prepare a written response to the inquiry, selecting the appropriate paragraphs from the PA library and mail the written response to the requestor.  File one copy of the written response, one copy of the NPRC Test Forms and the original inquiry from the requestor in the claims folder.

                       Negative service is verified.  Prepare NPRC Test Forms 02-03 and 02-04.  Prepare a written response to the inquiry, selecting the appropriate paragraphs from the PA library and mail the written response to the requestor.  File one copy of the written response, one copy of the NPRC Test Forms, and the original inquiry from the requestor in the claims folder.
       

  • Claims and appeals.  Claims and appeals inquiries regard appeals on prior certifications to the Department of Veterans Affairs, or other Government agencies.  An appeal may contain new evidence that alone, or in conjunction with other evidence in the PA archives/claims folder, warrants a re-determination of service.  Examples are:
     
    • Documents showing military service at the outbreak and/or during World War II.
    • Proof of identity, if lack of identification or wrong application of an archive was the cause of previous denial.
    • Reference to or location of archives, which were not previously located, authenticated, or considered in prior determination.
    • Discovery of obvious errors in prior determinations.
       
    1. General.  Claims and appeals inquiries are normally submitted in the form of a DD Form 149, (no title), forwarded from the Army Board of Corrections, from individuals requesting records correction.  An appeal may also be a letter from an individual, their Power of Attorney, or legal representative.  These inquiries regard individuals who served or allegedly served with the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States during the period December 8, 1941 and June 30, 1946.
       
    2. Service history data.  This data is based on evidence available in the PA military organizational records.  In these cases archive information is re-examined to provide any previously missed details regarding positive service, to search for mis-filed claims folders, and other archive and affiant information, and to ensure the previously provided service certification was correct.
       
    3. Processing procedures.  The general processing procedures detailed in processing Veterans Affairs inquiries also apply to claims and appeals processing with the exception of the following:

           (1)  Review the claims folder (if any), to determine a positive match with the individual on the inquiry.  Establish eligibility status by comparing cited dates of service in inquiry against the listing of service dates legitimate for PA service.  Service must have occurred within the range of allowable dates to be considered as valid PA service.  Verify service as either USAFFE, Guerrilla, or both by reviewing the archives information and claims folder information.

      Note.  The listing of legitimate service dates pertaining to USAFFE and Guerrilla is derived from Appendix 13, titled, Notes of the Philippine Army 1941-1942, Bona fide USAFFE Units, in the Standard Operating Procedures (SOP) of the Recovered Personnel Records Branch, MPRC, dated August 31, 1955.  This SOP pertains to Circular No. 305, War Department, Washington 25, D.C., July 18, 1944.

           (2)  If previous determination was negative, and service is verified as positive.  Prepare NPRC Test Forms 02-03, 02-04 and/or 02-05 based on type of service.  Prepare a written response to the inquiry, selecting the appropriate paragraph from the PA library based on evidence of service re-determined, document the re-determination, and mail the written response to the requestor.  File one copy of the written response, the original inquiry from the requestor, and the NPRC Test Forms in the claims folder.

           (3)  If previous determination was negative and service is NOT verified as positive.  If service cannot be verified with reasonable certainty, search the PA archive and affiant information, if any for further evidence of service.  Any affiant information must be compared to, and match information available on subject individual in inquiry.  Claims folders must contain affidavits from affiants which is already documented, and affiant information must have occurred and be documented prior to June 30, 1948.

      Note.  Guerrilla service cannot be verified by affidavits, and may only be used to verify USAFFE service.  For Guerrilla and USAFFE time the following service time is considered as valid:

      USAFFE Time — from Sep 1, 1941 to May 7, 1942
      USAFFE PA Air Corps — Aug 15, 1941 to May 7, 1942
      Guerrilla Time — from May 7, 1942 to Jun 30, 1946

             (a)  Positive service is verified.  Prepare NPRC Test Forms 02-03 and 02-05.  Prepare a written response to the inquiry, selecting the appropriate paragraph from the PA library, and mail the written response to the requestor indicating a re-determination.  File a copy of the original request, and response, and one copy of the NPRC Test Forms in the claims folder.

             (b)  Negative service is verified.  If evidence of service is negative, complete NPRC Test Form 02-04, indicating negative service.  Prepare a written response to the inquiry, selecting the appropriate paragraph from the PA library and mail the written response to the requestor.  File one copy of the written response, the original inquiry from the requestor, and NPRC Test Form in the claims folder.

       

  • Routine Correspondence.



       
    1. General.  Inquiries categorized as routine correspondence are normally received from the general public residing in the Philippines, who are requesting information regarding individuals who served, or allegedly served with the Philippine Commonwealth Army, including recognized guerrilla forces, in the service of the US Armed Forces in the Philippines for the period of December 8, 1941 through June 30, 1946.  This type correspondence is usually "turnaround" type, either directing the requestor to contact the appropriate agency for a response, or forwarding the inquiry to the appropriate agency, if known.  These instructions apply to those inquiries that are routine or repetitive in nature, or which cannot be segregated as a request from a Government agency, or do not regard the following:

      Decorations and Awards
      Claims and Appeals
      Statements of Service
      Special Correspondence (Congressional or White House)

    2. Service history data.  This data is based on evidence available in the PA military organizational records.  Information regarding service in a regular Philippine Army unit during or after the liberation, including evidence of beginning and ending dates of service, location of service, release and alienation data and other information provided to individuals in response to routine correspondence inquiries, must comply with the Freedom of Information Act of 1974 (FOIA) and the Privacy Act as releasable data.
       
    3. Processing procedures.  All general inquiries received from individuals, their next of kin, or representative will be responded to except when specific authority to file without action is received from the Supervisor.

           (1)  Copies of claims folders information, and other archive information requested from individuals residing in the Philippines are provided in accordance with NPRC policies and directives and must comply with the FOIA and Privacy Act guidance.

           (2)  Requests for copies of records from persons residing in the US (or naturalized citizens residing on Guam) will be released in accordance with NPRC policies and directives and must comply with the FOIA and Privacy Act guidance.

           (3)  Select the appropriate paragraphs from the PA Library in providing a response to requestor, providing appropriate information under above guidelines.  Provide the address of the appropriate organization or agency to which the inquiry should be directed if known, or forward the inquiry to the appropriate organization.
       


Appendix A

TABLE OF CONTENTS

Paragraph
  Title

Paragraph
Number

General..........................................................

1

Categories of valid service......................................

2

Organizations....................................................

3

Proof of USAFFE service..........................................

4

Breakdown of PA service..........................................

5

Grades, promotions, rates of pay.................................

6

Date and character of discharge..................................

7

Death status.....................................................

8

Last date of entitlement to pay..................................

9

Cases previously adjudicated for arrears in pay for VA purposes..

10


Appendix A

  • General.  The Philippine Commonwealth Army was called into the service of the Armed Forces of the United States (US) by virtue of the Presidential Order issued on July 26, 1941.  Service of the Commonwealth Army in the US Armed Forces terminated as of 2400 hours, June 30, 1946, by virtue of GS #168, AFWESPAC, June 25, 1946, which released the military forces of the Government of the Commonwealth of the Philippines from duty in the US Armed Forces.  Veterans of the Commonwealth Army are considered to have rendered valid military service in the United States Armed Forces.  The term "Commonwealth Army" refers to persons who served before July 1, 1946 in the organized military forces of the Government of the Philippines, while such forces were in the service of the USAFFE, pursuant to the military order of the President of the United States dated July 26, 1941.  Included were organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander-in-Chief (CIC), Southwest Pacific Area, or other component authority in the US Army, including individuals who were discharged from such service under conditions other than dishonorable.

  • Categories of valid service.  There are five categories of valid service for members of the PA:

    1. PA USAFFE — Philippine Army US Armed Forces Far East.  Members who were inducted into the USAFFE service on or before the surrender of these forces on May 5, 1942.

    2. PA USAFFE Guerrillas - Philippine Army US Armed Forces Far East Guerrillas.  Personnel who had military service with the US Armed Forces on or before May 5, 1942, and later had service in the guerrilla forces recognized by the US Army as manifested on Initial Reconstructed Rosters, Casualty Roster of recognized guerrilla units, or in letters of individual casualty or non-casualty recognition.  An inquiry for PA USAFFE guerrilla service, which is valid as a recognized guerrilla, but fails to establish the identity of the individual as a PA USAFFE, will be treated as a civilian guerrilla inquiry and will be handled accordingly.

    3. Civilian Guerrillas.  Personnel recognized by the US Army as manifested on Initial Reconstructed Rosters, or casualty roster of recognized guerrilla units, or in letters of individual casualty or non-casualty recognition.  These individuals did not have military service in the US Armed Forces prior to May 6, 1942, but only subsequent service in the guerrilla forces.

    4. Regular PA service.  Personnel who served in a regular component of the PA during or subsequent to the liberation but not later the June 30, 1946.  Members of the PA USAFFE serving with a guerrilla unit, and recognized civilian guerrillas, will be considered to have regular PA service from the date of their processing into the PA, or the date of service in a regular component of the PA, whichever is earlier.  Regular PA service may begin from the date a soldier entered a military hospital for treatment or from the date of his detention by the CIC, US Army, provided he was processed immediately following release from such hospitalization or detention for service in a regular component of the PA, or for immediate discharge.  Regular PA service of a PA USAFFE soldier who has no recognized guerrilla service will be considered to begin on the date he reported to a Replacement Battalion for processing.

    5. Current Enlistees.  Personnel who entered into a valid enlistment contract in the PA for the first time during or after the liberation of the Philippines from the enemy (1944-1945), but prior to July 1, 1946.  These persons had neither PA USFFE nor recognized guerrilla service.  They were neither recovered nor processed into the PA, but are considered as regular members of such forces during the term of their enlistment.  Service of current enlistees maybe established by evidence such as enlistment record, military orders, morning reports, etc.  Secondary evidence of enlistment, such as affidavits, will not be accepted.

  • Organizations.  The organization to which a person allegedly belonged must be a bona fide PA USAFFE unit.  This may be determined by consulting the list of bona fide PA USAFFE units published by the former AGRD, or the numerous histories which have been compiled on PA USAFFE organizations which are part of the PA military organizational files.

  • Proof of PA USAFFE service.

    1. The requirements to prove that a person is a veteran are the basic claim forms, satisfactory evidence of military service, and discharge or separation from the service, and in death cases, proof of death (actual or presumed).  If evidence of these facts is not available, the claimant must furnish it.  In some cases, a certain amount of evidence indicating that the person performed military service may be indicated in the claims folder, but it does meet the requirements.

    2. PA USAFFE service for members of the PA or Philippine Constabulary may be established by military or non-military records.  The records should be authentic official documents executed by competent authority.  (If an original military record is received that is important in establishing service and its authenticity cannot be verified from the archives in the military organizational files, the following evidence may be used, depending on its accuracy, completeness, reliability, and validity as evaluated and determined by analysis and review:

           (1)  National Service Life Insurance record if verified as pertaining to the soldier and is Based on an application made prior to May 7, 1942.

           (2)  A verified Casualty Record showing the soldier was killed in action, captured, died, or treated at a field hospital, aid station, or other military medical installation for battle wounds or sickness prior to May 7, 1942.  Casualty certificates and medical tags or records containing this information must first have been verified as authentic by the properly designated person or persons, or must be supported by entry in the list of casualties in the field in the military organizational files.  If the name of signatory is legible, copies will be made of medical tags or records dated between December 8, 1941 and May 6, 1942 inclusive and filed in the individuals´ claims folder for future use in establishing signatory´s service.

           (3)  Records and Death Certificates form POW Camps which can be verified from the PA archives or from other sources acceptable as authoritative.  Such records include the rosters of personnel concentrated at O´Donnell Concentration Camp, the O´Donnell Death Rosters, Malaybalay POW records, and Bilibid Prison records.  Other POW data, such as the Report of the Puppet Governor of Pampanga and the Manila Tribune Files, are also of value in establishing PA USAFFE identify, even though they do not constitute official military records.  Since civilians were also held by the Japanese in the Prison camps, appearance of a person´s name on these records and identity as a POW do not identify the person as a soldier.  Military grade or rank or service number must be shown to establish military identity.

           (4)  Manila Tribune Listings of Released POW identifying the subject, and indicating the military rank or grade, or that the released POW was "ex-USAFFEE, or ex-soldier".

           (5)  Lists of ex-POWs Employed by Toyo Menka Keisha must show military identity or Comparing the listing with evidence in the claims folder to establish military identity.

           (6)  Other archive data, such as rosters, payrolls, general or special orders, combat narrative, etc., which exists in the archives and which are either authenticated original copies or acceptable true copies.  These archive records must be dated prior to May 7, 1942, except that special orders of the Visayan-Mindanao Forces dated as late as May 10, 1942 and other archives dated after May 7, 1942 may be given consideration when they establish that service of the person concerned was rendered prior to May 7, 1942.

    3. When proof of PA USAFFE service rests solely on any of he documents mentioned above and entries do not conclusively identify the document as pertaining to the subject of the claims, the documents must be supported by either:

           (1)  Acceptable affidavit of at least one soldier who was a member of the same unit (not larger than a regiment) as the subject.  Such affidavit must state or infer how the affiant came to know of subject´s PA USAFFE service and must be fully compatible with details of affiant´s own service as shown by his claims folder.  The mere fact that an induction date was not stated is not a valid reason to find the affidavit unacceptable; or

           (2)  Acceptable affidavit of at least one former member of the PA USAFFE who, although not a member of the same unit as the subject, has knowledge of the fact that the individual reported to a place of induction after being called to active duty, indicating the date and place of induction and circumstances under which he became acquainted with such facts.

    4. In the absence of any of the PA USAFFE archives referred to above, PA USAFFE identity may be established as follows:

           (1)  Authentic orders of call to active duty supported by acceptable evidence that the subject so reported prior to May 7, 1942.  Such evidence may be in the form of affidavit as described above.

           (2)  Certain original guerrilla archives (such as those of the 6th and 8th military districts) wherein the PA USAFFE identity of the soldier can be presumed to have been well known to his unit commander and wherein his PA USAFFE identity is clearly stated.  This applies only to guerrilla units which were, in essential, unsurrendered PA USAFFE units consisting principally of persons who had been members of PA USAFFE organizations under unsurrendered PA USAFFE officers.  Such archive evidence must be weighed carefully and accompanied by other evidence in the form of acceptable affidavits before being given full weight as proof of PA USAFFE identity.  "Reconstructed" guerrilla records or records of late date will have no value as proof of PA USAFFE identity.  Only authentic early records on file in the military organizational files will be considered.

           (3)  Photostatic copies of "Government of Commonwealth of the Philippines, Certificates of Deposit" are acceptable proof of military service and may be used in identifying PA USAFFE personnel and establishing active military service, provided that certificates show rank and organization and can be identified positively as pertaining the person concerned.  The certificates must have been properly authenticated by an official of the Philippine Government, an Adjutant General, or Assistant Adjutant General on duty at Headquarters, Armed Forces of the Philippines.  The authentication will be found on the reverse side of the certificate.  The certificate must also bear the official stamp of the US Government Benefits Sections, Welfare Branch, OTAG, General Headquarters, Armed Forces of the Philippines.

           (4)  Acceptable affidavits of at least two soldier who were members of the same unit (not larger than a regiment) as the subject and have knowledge that he actually served as a member of the unit.  The affidavits must state or infer how affiants cam to know of the subject´s service as a member of the PA USAFFE and must be fully compatible with the details of affiants´ own service as shown by their claims folders.  The fact that an induction date was not stated is not a valid reason to consider the affidavits unacceptable.

           (5)  Acceptable affidavits of two former PA USAFFE soldiers who, although not member of the same unit as the subject, have knowledge of the fact that he reported to a place of induction after being called to active duty, indicating the date and place of induction and the circumstances under which they became acquainted with such facts.  These affidavits must be supported by affidavits of the municipal mayor and the chief of police who held these offices at the time of the call of the subject to active duty and who have knowledge of the fact that he was so called and was notified of the call.

           (6)  PA USAFFE service may be established by one affidavit or any commissioned or non-commissioned officer (sergeant or above) who indicates that soldier served in the same unit in which affiant served.  The affidavit must have been executed prior to July 1, 1948, and affiant PA USAFFE service must be established.  If more than one affidavit is available in the claims folder, case cannot be considered as a "one affidavit case".  Affidavits of municipal officers will not be considered in determining whether or not case is a "one affidavit case".

    5. Members of Philippine Constabulary units, except those who became actual casualties (KIA, WIA, MIA, or POW) as a result of the unit´s engagement against the Japanese, will not be considered to have entered USAFFE service until they are actually inducted.  Application of the procedure is restricted to casualties in Philippine Constabulary units which were actually opposing the enemy in organized combat and under orders of their superiors.  Mere member ship in the Philippine Constabulary is not sufficient to grant this status.  There must be acceptable evidence that the casualty of the person was a result of his action against the enemy and that action was a result of competent orders.  If a Philippine Constabulary member´s active service terminated because he became a casualty during action against the enemy prior to the date he (or his unit) was inducted into the USAFFE, his PA USAFFE status will begin on the date of actual resistance against the enemy, provided his induction date cannot be established, or if his unit was inducted after he became a casualty, or the unit was never inducted.

  • Breakdown of PA service.

    1. Pre-War Service.  Only members of the PA USAFFE who were inducted into the service of the US Armed Forces prior to December 8, 1941 qualify for this service, and can be established by the following evidence:

           (1)  Official archives, such as payrolls, troop rosters, etc., showing the solder was actually on duty and serving with a bona fide unit of the PA which ad been inducted into the service of the US Armed Forces.

           (2)  A soldier´s allegation made at the time of processing may be accepted in the absence of positive evidence to the contrary to establish pre-war service, provided the organization in which service is claimed was a bona fide PA USAFFE unit and mobilized into the US Armed Forces.

    2. Beleaguered Status.

           (1)  Official entry.  Beleaguered status will begin on the date of actual induction into the PA USAFFE or December 8, 1941, whichever is later.

           (2)  Official termination.  Generally, beleaguered status will not extend beyond April 8, 1942 for those elsewhere in the Philippines.  If the place of service cannot be determined, beleaguered status will not extend beyond May 5, 1942.  When evidence indicates that a soldier was engaged in actual combat against the enemy while serving in an organized PA USAFFE unit, beleaguered status may be extended to April 15, 1942 for those in Bataan or May 24, 1942, for those elsewhere in the Philippines.  If the evidence indicates that actual combat operations against the enemy, surrender to the enemy, separation from unit, or disbandment or disintegration of unit in combat.  Beleaguered status interrupted for any of the reasons (except death) may be regained upon rejoining any organized PA USAFFE unit prior to May 6, 1942.  A soldier who was separated from his unit to carry out an official mission in accordance with orders from competent authority will be determined in a beleaguered status as long as he was engaged in accomplishing that mission, but not after May 6, 1942.

           (3)  The 14th and 121st Infantry, PA, were inducted into the US Armed Forces on January 5, 1942, and April 8, 1942 respectively.  Beleaguered status of members of the 24th and 121st Infantry will not begin before January 5, 1942, or April 8, 1942, as the case may be.

    3. Prisoner of War Status.

           (1)  Determinations of POW.  A soldier will be determine to be in a prisoner of war status during periods he was held under physical restraint (concentration, confinement, or internment) by the Japanese or their controlled agencies because of his previous military status or suspected anti-Japanese activities.  The status of a soldier immediately prior to his capture and detention by the Japanese or their agencies is not necessarily the determining factor in deciding whether he was a prisoner of war.  If he became a prisoner of war immediately after or on the occasion of the termination of beleaguered status, unless there is evidence to the contrary, it is presumed that the reason for the restraint was his PA USAFFE status.  Soldiers who had no anti-Japanese or guerrilla activities and those who were puppet government officials or employees, may in some cases, be determined to be prisoners of war even though prior to capture, their status is properly determinable as No Casualty Status.  Soldiers seized in the general roundup of former high ranking PA USAFFE officers in the latter part of 1944 or early 1945, or in a general roundup of PA USAFFE personnel, such as was staged in Guadalupe in December 1944, may have been in a No Casualty Status because they were employed by the puppet government or were following civilian pursuits; however, there is historical background for the presumption that they were seized because of their former military status.  Soldiers seized in a general roundup of inhabitants (or all male persons) by the Japanese or their agents, are not properly determinable as prisoners of war, even if they had former PA USAFFE status.  They may be properly determined as prisoners of war if it is shown that they were engaged in guerrilla activities and that the roundup was conducted as a retaliation for those guerrilla activities.  Persons identified as guerrillas or PA USAFFE by the "magic eye" during general zonification may also be determined as prisoners of war, even though, at the time of seizure, they were no longer engaged in anti-Japanese activities.  A soldier held under physical restraint by any guerrilla unit or by the US Army on suspicion of disloyalty is not a prisoner of war.  Further, prisoners of irregular armed bands or bandit groups, such as that of Emilio Escobar ("Sagad") are not prisoners of war, even though their PA USAFFE or guerrilla status may have been the cause of their seizure.

           (2)  Proof of POW Status.  POW Register and Death Roster of persons concentrated at Camp O´Donnell, Capas, Tarlac, Malabalay, Old Bilibid, Tacloban, Leyte, Camp Bongabong, Camp Luna, Parang, etc., which are available in the military organizational files will conclusively establish the POW status of a person regardless of evidence submitted to the contrary.  If the person´s name is not listed in any of these records, or POW status is claimed for having been confined elsewhere, his POW status will be determined to be such as may be established by satisfactory evidence.

             (a)  Death March POW.  If a soldier´s PA USAFFE status is established, and he claims POW status for the Death March only, consistency and compatibility of statements in his claims folder in its entirety and the War Claims Commission Form 602 may be considered basis for a positive period of POW status, must always be shown as terminated by escape, and will not be considered compatible to the situation if alleged to have extended beyond April 30, 1942.

             (b)  Capas Death Certificates.  When a veteran claims PA USAFFE and/or POW service, and proof of POW service rests solely on a Capas Death Certificate which may pertain to him, it shall be a matter of procedure to accept the Capas Death Certificate as pertaining to the living veteran only when the records show that the certificate was previously used in establishing the same veteran´s PA USAFE status for arrears in pay.  A complete check of all other possible claims folders/military records must be made in every case prior to making the certificate a part of the living claims folder.

             (c)  Manila Tribune Listings of Released POW.  When PA USAFFE service is established, these records may be used as proof of POW status.  Military rank must be shown or paragraph heading must indicate a military status.

             (d)  Registration Forms Made by PA USAFFE Personnel.  Original documents Commonly referred to as Proclamation #1 (Application for Registration under Proclamation #1 by the Chairman of the Executive Commission) and Proclamation #8 (Application for Registration under Proclamation #8 by the Chairman of the Executive Commission) are currently on file in Organization and Philippine Records.  In some cases these originals have been photostated and placed in the claims folder of the person concerned.  The photostats of these documents or an extract from Organization and Team files, when they indicate that subject was a military member of the PA USAFFE, are determined to be acceptable proof of PA USAFFE service and POW status in accordance with the herein prescribed procedure.  Both of these proclamations will receive the same consideration in determining cases as authenticated clinical records, National Service Life Insurance data, POW records, etc., and the same principles regarding their pertinence will prevail when qualifying them for positive action in a case.

               [1]  Proclamation #1.  This proclamation was issued for the benefit of PA USAFFE personnel who were in hiding or who had not been made prisoners of war to grant them the same standing as regularly released POWs.  Proclamation #1 is indicative of PA USAFE service only and the information on the actual application will apply.

               [2]  Proclamation #8.  This proclamation was issued for the benefit of PA USAFFE personnel and POWs who were released from concentration camps because of sickness or other reasons to grant them the same standing as regularly released POWs.  Proclamation #8 is indicative of both PA USAFFE service and POW status and the information on the actual application will apply.  In adjudicating cases using this proclamation as proof of POW status, the termination date used will not necessarily be the actual date reflected on the proclamation.  The termination date will be the most compatible date in accordance with the best available evidence in the claims folder, and consistent with the overall procedure.

           (3)  POW records with incomplete data.  If a claims folder contains a POW extract with only the last name and the first letter of the first name and no other identifying data, that POW record can be used only when all other files of the same last name and first name beginning with that letter are eliminated from consideration.

             (a)  If it is found that a POW record could pertain to one of several persons, an exhaustive effort will be made to determine to whom the record pertains, and a copy of the determination placed in each file of that same name.

             (b)  If there is only one file under the name on the POW record, and the information in the file is not compatible with the data on the POW record before the case is completed, a full explanation will be written in the Memo for Record concerning each discrepancy noted.

             (c)  If a definite decision cannot be made as to which file the POW record pertains, a negative determination for POW status will be made.  The Memo for Record will include all the facts considered in arriving at that decision.  Upon receipt of further evidence, reconsideration is warranted.

             (d)  If there is only one claims folder or record and a search of archives does not contradict the possibility of there being only one soldier in the service by this same name, a POW record will be used unless a major discrepancy is noted and made a matter of record in the file.

           (4)  Termination of POW status.

             (a)  If a POW of the Japanese was released from a concentration camp or other place of enforced custody under the Japanese Forces to enter a hospital, convalescent home or other institution under the puppet republic, or a charitable organization, his POW status will terminate on the date prior to release from concentration.  The date of release and entire period of hospitalization or convalescence will not be determined as POW status.

             (b)  Educational Corps.  An Educational Corp was organized by the Imperial Japanese Forces to train Philippine Army personnel for positions with the Japanese Army and/or the various Puppet Government agencies.  One school functional at Camp O´Donnell, Capas, and Tarlac for enlisted men and another at Camp Del Pilar, Dau and Pampanga for officers, and later for enlisted personnel also.

             (c)  Arbitrary Termination of POW.  When the soldier´s file contains evidence Indicating membership in the Japanese sponsored Bureau of Constabulary immediately following or shortly after his release from concentration camp, and no evidence is found indicating period of constabulary training, deduct 30 days from the date he indicated on his processing paper as the last date of POW.  In applying this procedure in the case of former pre-surrender constabulary officers and enlisted men, the arbitrary deduction will be 15 days instead of 30 days.

             (d)  Camp Casisang, Malaybalay.  POW concentrated at the POW Camp Casisang, Malaybalay, had been either released or transferred prior to January 12, 1943.  Released prisoners were allowed to take up residence in the town of Malaybalay, but were no long in a POW status.  Prisoners not released were transferred to Cagayan, and then to other places; therefore, no POW status beyond January 11, 1943 will be granted for periods of alleged concentration at Malaybalay POW Camp.

             (e)  O´Donnell Concentration Camp.  If a soldier was confined at O´Donnell Camp, and the date his POW status began cannot be determined from the evidence, he will be presumed to have been a POW from May 6, 1942.  Similarly, when the date of termination of his POW status cannot be determined, he will be presumed to have been a POW until January 25, 1943, the last date that the concentration camp existed as such.  POW status at O´Donnell after January 25, 1943 is not authorized.

             (f)  Medical personnel and Field Grade Officers whose files do not contain documentary evidence proving POW status at O´Donnell Camp beyond August 8, 1942 will be determined to have been released August 9, 1942.

             (g)  Cebu Concentration Camp.  POW status will be allowed soldiers at this camp only if their names appear on the Cebu Provincial Jail Roster.  POW status will terminate on November 15, 1942 at Cebu Camp.

             (h)  Lists of Ex-POW employed by Toyo Menka Keisha.  This evidence is similar to the Manila Tribune Listings and may be used to establish POW status.  Soldiers whose names appear on these lists will not be considered as POW during periods of actual employment.  The ending dates of POW status will depend on the case involved.  When this date cannot be resolved, the limiting date for POW status at O´Donnell Concentration Camp will be used.

    4. Determining Guerrilla Service.

           (1)  General.  Recognition of guerrillas was performed by the Guerrilla Affairs Division, Armed Forces Pacific (AFPAC), later Armed Forces West Pacific (AFWESPAC) and Philippine Ryukyus Command (PHILRYCOM).  Recognition may be individual or by unit.  The guerrilla service of a person is considered recognized with active service is his name appears on a reconstructed roster, casualty roster, or individual letter of recognition.  With the close of the recognition program on Jun 30, 1948, no additions, deletions, or changes to the rosters are authorized; therefore, when a person´s name appears on an approved roster and an examination of the file reveals proof that he did not, in fact, render service in the guerrilla forces, a negative Missing Persons Act determination will be made.

           (2)  Troop Rosters.  There are two types of Troop Rosters, the Reconstructed Initial Troop Roster and the Reconstructed Revision Troop Roster.  The Reconstructed Initial Troop Roster contains the names of all recognized member of a unit, exclusive of recognized casualties and those individually recognized members of unit, exclusive of recognized casualties and those individually recognized.  Any person, other than those recognized as casualties or individually recognized whose name is not listed on the Reconstructed Initial Troop Roster, is not recognized, and has no recognized guerrilla standing.  The Reconstructed Revision Troop Roster contains the names of recognized members of a guerrilla unit who are entitled to a revision or extension of their recognition dates.  This revision is limited to guerrilla organizations whose dates of recognition had been revised, that is, set back or extended.  Not all recognized guerrilla units had their dates of recognition revised.  Originally, the recognition of guerrilla units was set as of a certain date, generally beginning on the date of attachment of the guerrilla unit to a using unit of the US Liberation Forces in 1944 and 1945.  There are however, certain units whose original dates of recognition were later revised so as to grant members of the unit recognition from an earlier date.  Certain units have only one troop roster that serves as both a Reconstructed Initial Troop Roster and Reconstructed Revision Troop Roster.  Most units whose recognition dates have been revised have the two rosters.  In determining the period of a soldier´s recognition, reference will be made to the letter of recognition and the list of recognition dates of all recognized guerrilla unit.  When a unit has both a Reconstructed Initial Troop Roster and a Reconstructed Revision Troop Roster, the appearance of a person´s name on the Reconstructed Revision Troop Roster only is not considered sufficient to grant him recognized guerrilla standing.  This is because the Reconstructed Revision Troop Roster is merely a roster of members already recognized who are entitled to a revision of dates of recognition.  On the other hand, if a person´s name is listed on the Reconstructed Initial Troop Poster, he is entitled to recognized guerrilla service for the period indicated on the Reconstructed Initial Troop Roster, or in the absence thereof, for the period established by evidence but not earlier that the original date of recognition of the unit.  For those persons who are listed on both rosters, the period of their recognized guerrilla service will be that indicated as the period of service on the Reconstructed Revision Troop Roster, or in the absence thereof, that period established by evidence, but not prior to the date of recognition or date of activation of the component unit in which he served, whichever is later.

           (3)  Seventh and Tenth Military Districts.  Persons whose names are listed on the Reconstructed Initial Troop Rosters of the 7th and 10th Military Districts will not be granted recognized guerrilla service for any period unless their names are also manifested on authentic archive records of the unit concerned which may be included in the file or in the custody of the Organization and Philippine records.  This requirement is added because the Reconstructed Initial Troop Rosters of these two commands were compiled from the archive records — organization rosters, orders, payrolls, vouchers, etc., kept by the organizations, and were recovered.  It is necessary to verify names of persons listed on the Reconstructed Initial Troop Rosters of these two commands with archive records.  If a person´s name appears on an archive record of the 7th or 10th Military District but is not carried on the approved roster, he is not recognized.

      Note.  The revised data of recognition of any unit in the 10th Military District will be determined by referring to the Catalog of Guerrilla Organization Records.  If a member of the 7th or 10th Military District is listed on a casualty roster or is individually recognized, the existence of archive records is not a prerequisite for valid recognition, i.e., the casualty roster or letter of individual recognition is a sufficient criterion for recognition.  Unlike the Reconstructed Initial Troop Rosters of the 7th and 10th Military Districts, the casualty rosters and letters of individual recognition for these commands were acted upon and considered by Guerrilla Affairs Division independent of the archive records; however, archives check should also be made on each individual listed on the casualty roster or letter of individual recognition.  Archive records will provide reliable information regarding the incidents of the veteran´s service.  In many cases, archive records have shown definitely that certain persons listed on the casualty rosters were civilians — not military personnel.

           (4)  Casualty Rosters.  In unit recognition, the names of recognized members of the unit are listed on a Troop Roster or a Casualty Roster.  The most common types of casualty rosters are classified as Killed in Action (KIA), Killed in Line of Duty (KILD), Died in Line of Duty (DILD), Wounded in Action (WIA), and Missing in Action (MIA).  There are also rosters regarding CAPTURED by the enemy, Injured in the Line of Duty (IILD), and Wounded in Line of Duty (WILD).  Soldiers who are recognized as WIA, WILD, or IILD are considered recognized from date of joining, date of casualty, or date of recognition of the unit, whichever is appropriate.  Soldiers who are recognized in any type of casualty roster will be considered recognized from the date of recognition of the unit, or from date of joining, whichever is later.  Exception:  If a soldier entered into a casualty status prior to date of recognition of his unit, he may be considered recognized on the date of casualty.  Dates of casualty may be indicated on the casualty roster or letter of individual casualty recognition.  If convincing evidence shows this date to be in error, a deviation may be made.  In all casualty recognition, the object is twofold:  namely, recognition as a guerrilla as well as recognition of the injury or death, so as to give it prima facie presumption of service connection.

           (5)  Individual Recognition.  Individual recognition may be for one day only, usually in casualty recognition, which is the date of casualty; or it may be for a fixed period from a given date to another given date, both dates inclusive.  In certain instances, and individual recognition my not be for a fixed period, but one which has the effect or recognizing the individual concerned with the organization to which he belonged.  In this case, the recognition of the unit applies to the individual.  The letter of individual recognition should always be consulted to determine the period of recognized guerrilla service.  Individual recognition may be accorded to one who may have belonged to a guerrilla organization that has never been recognized.  In these instances, that fact is stated on the letter and the inclusive periods of recognition are always given.

           (6)  Hospital Confinement.  When evidence indicates a soldier was confined in a Army hospital on the indicated ending date of service, he is not discharged on that date, but is still considered in the service, but not after June 30, 1946.

           (7)  Terminal Date Guerrilla.  A terminal data guerrilla unit is one that has been recognized for a fixed period with an initial and a terminating data of recognition.  In some units, like those of the Zambales Military District, the revision of recognition was not a setting back, but an extension from a given data to another given date.  This was because the recognition dates of the units affected were limited to a fixed period.  A person listed on a troop roster, regardless of the unit, having a period of service that includes both a beginning and an ending date is considered a terminal date guerrilla and is therefore considered discharged on the indicated ending date.  Terminal Data Guerrillas who were processed into Regular Philippine Army service, and actually served therein without an intervening break at time of termination of recognition, are not considered as separated from the service.

           (8)  Special Instructions (name on approved roster).

             (a)  Beginning and Ending Dates on Roster.  If a soldier´s name appears on a recognized guerrilla roster and period of service is indicated with beginning and ending dates, the only requirement for determination is to identify the name appearing on the roster with the subject.  If the Form 23 or other papers in the claims folder are consistent, the case should be concluded, provided it is the only file of record of same name wherein service is claimed with the same organization.

             (b)  Beginning Date on Roster (Discharge Certificate Available).  If the beginning date of service is indicated on the roster, but no ending date, and a discharge certificate is available in the claims folder, use the date on the discharge certificate as the last date of service.  Only the identity of the solder is required.

             (c)  Beginning Date Only Available.  If no evidence or indication of a specific date of discharge is available, an arbitrary date of discharge of September 26, 1945 will be used if no evidence is present to the contrary.  If Form 23 indicates a specific date of discharge, this date will be used rather than the arbitrary date, if consistent.

             (d)  No Period of Service Shown on Roster.  If no period of service is indicated on the roster, the period of service will be determined based on data contained in the claims folder and in compilation of data prepared for guerrilla units.  Full use will be made of recognition dates of the unit in determining the periods of service of a soldier, other evidence not being contrary.

             (e)  When guerrilla units in the 10th military district show activation on or about November 1942, service begins the last day of that particular month.

             (f)  Inactive period shown on revised roster.  If an inactive period is shown on the Approved guerrilla roster and specific dates are not indicated, such as "inactive 8 months", the breakdown of service will begin with one day recognized guerrilla service for the date of joining of induction and the eight months of inactive service will follow, being identified as "No Casualty Status".

             (g)  Service Under an Alias.  Some persons claim to be listed on approved guerrilla rosters under an alias.  The following are requirements to establish the identity of a soldier who is alleged to be listed on an approved guerrilla roster under an alias:

               [1]  Affidavit of Commanding Officer.  Affidavit executed by the CO of the guerrilla unit to which soldier belongs establishing that he is the CO of the guerrilla unit from a certain date to a certain date; that he personally knows the soldier; that he authorized the use of the alias by the soldier for purpose of military secrecy during operations; that the alias appearing in the recognized roster and the true name refer to one and the same person; and that he will hold himself pecuniarily liable for any wrong payment made to that person whom he has identified.

               [2]  Joint Affidavit of Two Disinterested Persons.  A joint affidavit of two disinterested persons, belonging to the same unit as the soldier, who have personal knowledge of the fact that he is the same person as the alias in the roster; that they are not related to the soldier, that they have personal knowledge of these facts because they belong to the same unit; and that they hold themselves pecuniarily liable for any wrong payment made to that person whom they have identified.

      Note.  All affidavits must be dated prior to June 30, 1948 and be a matter of record.

               [3]  Records Check for Other Claims.  A records check will be made for the existence of claims under the various names in all cases in which aliases or discrepancies in name are involved.  The results will be documented in a Memorandum for Record.  Cases involving identification of a soldier´s alias or wide discrepancies in spelling of his name will be submitted to the Supervisor, VA Branch, for approval in a Memorandum for Record, outlining the circumstances of the case and giving appropriate recommendations.  In determining the identity of a person so as to grant him military status either as PA USAFFE or guerrilla in this type case, extreme caution will be taken to forestall unscrupulous attempts to identify undeserving persons with names of those whose military service is officially of record.

    5. Missing Status.  A missing status is the period during which a soldier is determined to being a casualty status during enemy occupation other than while beleaguered, prisoner of war, or a recognized guerrilla receiving current pay.

           (1)  Evading capture.  A soldier who evaded capture, fled to the hills, or remained in hiding to avoid capture, until his return to military control, will be determined to be in a missing status for such period.  Periods of travel to a person´s home after evading capture or escape as a POW from the Death March or from concentration camp will be determined as coming within the purview of this section.

           (2)  Surrender or disbandment of unit.  Soldiers remaining with their unit before disbandment or awaiting formal surrender for the period immediately following April 8, 1942 or May 5, 1942, as the case may be, will be entitled to a missing status for such period until actual surrender or disbandment.

           (3)  Period of illness.  A soldier will be determined to be in a missing status during periods of service-connected illness, provided such illness seriously impaired his earning power and caused him deprivation and hardship to an extent greater than that generally suffered by other residents incident to the Japanese occupation.  It is realized that this determination will be very difficult to make in most cases.  It can be assumed, however, that such illnesses as Dysentery, Beri-Beri, Malaria, and Malnutrition are service-connected.  Lacking evidence to the contrary, if a soldier died of any of these diseases within six months after escape from Bataan, or after release or escape from the concentration camp, he may be presumed to have been ill with that disease from the time of escape or release until his death.  When a soldier became ill of any of these diseases within this six month period after release or escape, such disease will be presumed to have been contracted prior to release or escape and therefore service-connected.  Missing will be awarded only for the periods of actual illness.  Intervening periods of No Casualty Status will not preclude the award of missing as indicated.  In all cases, the fact of such illness must be established either by an affidavit or the attending physician or by a statement of an established medical institution.  If a soldier was treated in a military hospital, he will be determined to be in a missing status during that period of hospitalization, unless there is evidence showing that his illness was not service-connected.

           (4)  Disability.  A soldier suffering from a service-connected disability, such as loss of the use of any one or more limbs, loss of sight of one eye, etc., will be determined to be in a missing status.  The requirements of proof outlined in the preceding sub-paragraph will apply.  Affidavits of commissioned officers who by reason of their duties, were in a position to know the facts may be accepted to substantiate a claim for disability resulting from injury in the battlefield.

           (5)  Recognized Guerrilla Service.  A soldier will be determined to be in a missing status during period of recognized guerrilla service prior to the date he or his unit began receiving current pay.  See "Catalog of Guerrilla Organization Records" for dates of receipt of current pay.

           (6)  Unrecognized Guerrilla Activities.  Member of the Philippine Army USAFFE will be determined to be in a missing status during period of active unrecognized guerrilla service or active participation in the anti-Japanese movement.  Unrecognized guerrilla service may be proved by acceptable affidavits or certificates of guerrilla unit commander or any two members, preferably commissioned officers, belonging to the same unit.  Credit will not be given for unrecognized guerrilla service to a person who claimed to be an agent of the guerrillas when such claim is based merely on the fact that he provided a meager amount of information to another authentic agent.  In order to claim service as an agent of a guerrilla unit, it must be clearly shown that the person was duly appointed as an agent and ordered by competent authority to perform these duties.

             (a)  Unrecognized Guerrilla Service Under an Immediate Commander.

               [1]  In order that a soldier may be considered to have guerrilla service under a commissioned officer, it is necessary that he either shall have served in a guerrilla unit under an immediate commander who was a commissioned officer of the US Army, Navy, Marine Corps, or was a commissioned officer of the Commonwealth Army recognized by, and cooperating with, the US Forces.

               [2]  Immediate commander means the person occupying the military position of direct responsibility for, and control over, the soldier´s acts.  The term is elastic and may mean the platoon leader and up along the chain of command, depending on who was occupying the position of immediate responsibility for, and control over, the soldier´s acts.  If a soldier was a member of a company, or a similar unit, his immediate commander should normally be his platoon leader, or company commander (or similar unit commander).  If soldier was in a battalion or regimental staff, his immediate commander would be the battalion commander or regimental commander, as the case may be.

               [3]  Unrecognized guerrilla service under an immediate commander will be established by an affidavit or a certificate of the immediate commander concerned or authentic archive records.  When an affidavit or certificate is used, the commander must identify himself as such as state the periods of soldier´s active service with a general description of the soldier´s duties.  If authentic archives are used, they must be verified to ensure that the officer was an immediate commander, that the soldier´s period of service was entirely under that officer, and that there were no periods of absence from duty with the guerrilla force for the period involved.  Archives may be in the claims folder or in the Military Organizational Records.  Archive information that may prove helpful are monthly payrolls, rosters, consolidated reports, orders, miscellaneous unit letters or communications, personnel reports, intelligence reports, various commendations or recommendations, etc.  The absence of an archive for a particular period does not in itself establish that a soldier was absent from duty.  If a soldier is unaccounted for in the guerrilla archives for a period not exceeding 3 months, his status may be determined as missing for that period.  The immediate commander will be the commander under whom the soldier served prior to the period during which archives are not available, provided there is not evidence indicating soldier was transferred.  The immediate commander will be the commander under whom the soldier served after the period during which archives are not available if the evidence indicates the soldier was transferred.  If neither commander was recognized during the period in question, soldier´s status will be determined as missing (Unrecognized Guerrilla Service), not under an immediate commander.

               [4]  If the immediate commander was a commissioned officer of the US Army, Navy, or Marine Corps, it is neither necessary that he be a commissioned officer all the time, nor that he be a recognized guerrilla officer.  It is proof enough that he was occupying the position of immediate commander even if he was not legally a commissioned officer at the time, as long as he was subsequently commissioned for his guerrilla activities.  A soldier´s service under a commissioned officer of the US Army, Navy, or Marine Corps will be gin on the date the officer became his immediate commander.

               [5]  If the immediate commander was a commissioned officer of the Commonwealth Army, he must have been a recognized guerrilla officer.  He did not have to be recognized as a commissioned officer throughout his period of recognized guerrilla service.  He may have been recognized in an enlisted grade for a period and later as an officer; however, he must have been immediate commander with respect to the soldier during the period of his commander´s recognition.  Soldier´s service under such a recognized officer of the Commonwealth Army began on the date the recognized guerrilla service of the immediate commander began, or on the date such commander became soldier´s immediate commander, whichever is later.  If soldier died or became a casualty due to enemy action prior to the beginning date of his immediate commander´s recognized guerrilla service, he may be considered to have served under that commander on the date of casualty only.  In determining the length of service under an officer of the Commonwealth Army, a soldier may not be placed in a better position than he would have been had his guerrilla service under such commander been actually recognized.  In other words, the unrecognized guerrilla service can neither begin prior to, nor extend beyond the period of recognition of immediate commander, except when soldier died or became a casualty due to enemy action prior to the recognition of his immediate commander.  It is emphasized that although the immediate commander was a commissioned officer of the Commonwealth Army, he must have been recognized as a guerrilla officer also.  Thus, a commissioned officer of the PA USAFFE who was the immediate commander of a soldier in a guerrilla unit will not be considered a commissioned officer of the Commonwealth army recognized by, and cooperating with, the United States Forces, if such officer was not recognized as a guerrilla commissioned officer.

             (b)  Unrecognized Guerrilla Service Not Under an Immediate Commander.  This type of service is appropriate when a soldier´s immediate commander is not recognized or the other requirements of the preceding sub-paragraph 5e(6)(a) are not fulfilled.  Such service is supported by affidavits or certificates of any two recognized members belonging to the same unit as the solder (preferably commissioned officers).  The affiants will identify themselves in the affidavits or certificates stating the solder´s period of active service and a general description of his duties.  Authentic archives that do not meet the requirements of preceding subparagraph 5e(6)(a) may be used alone or in conjunction with affidavits to support periods of unrecognized service of this type.

             (c)  Unrecognized Anti-Japanese Activity.  This term covers service performed by a former PA USAFFE member against the Japanese, assisting the US Armed Forces, including the guerrillas.  It should not be confused with "Spy Status".  Many types of activities were performed which may be considered in granting unrecognized anti-Japanese activities.  The following are a few of the more common activities alleged:  Form of intelligence reporting furnished to the guerrillas on Japanese locations, strength, airports, supply dumps and any known military plans or movements; forms of sabotage; obtaining foods, arms or ammunition, radios, medicines, and various supplies for the guerrillas; destruction of communication lines or hampering Japanese movements; housing transient guerrillas and treating sick or wounded guerrillas; etc.  It has been noted that many times the person will state in his processing papers, upon return to military control, that he did not join the guerrillas; however, he performed certain "anti-Japanese activities" for a given period.  Consideration must be given to granting unrecognized anti-Japanese activity for any such alleged period, if substantiated in any form by an archive or an acceptable affidavit or certificate.

               [1]  Unrecognized anti-Japanese activity may be based on affidavits or certificates of two PA USAFFE soldiers or recognized civilian guerrillas whose records show them to be in a position to make the affidavits or certificates.  The PA USAFFE affiants do not have to be recognized guerrillas; however, the statements in their affidavits must coincide with their own official records which place them in a position compatible to the situation.

               [2]  Unrecognized anti-Japanese activity may be based also on guerrilla archives when the guerrilla unit was not recognized, or when such unit was at one time recognized but subsequently the recognition was revoked.

             (d)  Spy Status.  PA USAFFE guerrilla personnel who were employed by the Japanese or a Japanese-controlled agency in any capacity other than as prisoners of war will be determined to be in a missing status for the entire period of employment if satisfactory evidence is presented in the form of affidavits that state they were "planted" as spies during such employment for the purpose of gathering and furnishing their guerrilla unit information of military importance, and that they complied with instructions of their superior officers.  To be accepted, such affidavits should be executed by their guerrilla commanders, who must be a least a Battalion or similar unit Commander.  (Units similar to a battalion are:  squadrons, separate companies, separate troops, separate batteries, or separate detachments.)  The affiants must describe themselves in the affidavits as the soldier´s battalion or similar unit or higher commander.  To establish spy status, it is essential that before solder was "planted" he must have been a member of a guerrilla unit under the command of the officer who executed the affidavit.

             (e)  Civilian Employment During the Liberation.  A soldier employed in any capacity, other than military, by the US Army or Philippine Commonwealth Government, during the liberation, but prior to return to military control, whether or not a regular salary was received, will be determine to be in a missing status for the period of such employment.

             (f)  Confinement by Guerrilla Unit.  A soldier who was held in confinement or under physical restraint by a guerrilla unit will be determined in a missing status for the period of confinement, provided he was released without trial by court-martial, or if tried by court-martial, he was not convicted.  If the soldier was killed or executed without trial, his case will be decided on its merits, taking into account the cause or causes of confinement.

             (g)  Period of Absence, Missing or Missing in Action (whereabouts unknown) in Finds of Death Cases.

    6. No casualty status.  This is any period after December 8, 1941 during which sufficient evidence is not available to establish that a soldier is entitled to benefits under the Missing Persons Act.

    7. Desertion and Absence Without Leave (AWOL).

           (1)  Desertion.  The only competent evidence of desertion is the approved findings of a general court-martial.  The inclusive periods during which a soldier was absent in desertion will be the period so stated in the approved findings of a general court-martial.

           (2)  AWOL.  If convincing evidence is on file showing that the soldier´s unauthorized absence was excusable and justifiable, no determination of AWOL will be made.  Mere lack of intent, however, is not sufficient excuse.  When a soldier has been tried by a court-martial for AWOL, his acquittal or conviction constitutes a conclusive determination of the question.  In the absence of a finding or decision by a court-martial, a determination that soldier was AWOL may be made in the following instances:

             (a)  When a soldier is listed on the records of his organization as AWOL.

             (b)  When soldier admits AWOL in a statement which is a part of the evidence on file.

             (c)  When statements of the soldier´s superior officers or other members of his unit, who were in a position to know, indicate that he was AWOL.

             (d)  When a soldier was absent and not performing active military service for unexplained or unjustified reasons.

             (e)  Several troop rosters (usually for unit on Mindanao) in organizational and military records indicate that some soldiers "deserted".  These rosters are dated after May 7, 1942.

               [1]  If a soldier´s name on one of these rosters is followed by the remark "deserted" and a specific date of desertion of May 5, 1942 or earlier is given, the soldier will be considered as AWOL from that date until beginning date of recognized guerrilla service, beginning date of unrecognized guerrilla service under an AUS or recognized guerrilla officer, or date of return to military control.

               [2]  Soldiers listed on these rosters with date of "desertion" given as May 6, 1942 or later will be considered to have evaded surrender and will be considered in whatever status is appropriate on the basis of claims folder.

               [3]  Soldiers listed on troop rosters of the 101st Division (PA) initiated after the units were surrendered with the remark "deserted", but no specific date of desertion is given, will be considered as having been with the unit through May 5, 1942, and to have entered whatever status is appropriate based on claims folder evidence, except that "Missing" under Staff Memo 14 "with his unit prior to disbandment" is not appropriate, because the roster´s existence indicates the unit did not disband and the soldier´s name being listed as a deserter indicates that he did not surrender with his unit.

             (f)  A soldier listed on the records of his organization as a deserter who in fact was a deserter, but was not tried for desertion will be considered AWOL.  A soldier maybe determined AWOL also if after being tried by a competent court-martial for desertion, was acquitted on a technicality, or if convicted, the sentence was disapproved by the reviewing authority on a technicality, provided the findings show that soldier was absent without authority, but not under circumstances amounting to desertion.

             (g)  Confinement by Civil Authorities.  A soldier arrested and confined by civil authorities for a civil offense will be considered AWOL.  If released without trial or not prosecuted, or if tried was acquitted, he is restored to duty from the date of arrest.

             (h)  AWOL from a Guerrilla Organization.  A PA USAFFE soldier who joined a Guerrilla organization and absented himself from duty without authority may be determined AWOL during the period of absence, provided his organization is a recognized unit, or if not, his unit commander is individually recognized, regardless of whether or not the soldier is recognized.

           (3)  Determination of Period of AWOL.

             (a)  A soldier will be determined as AWOL from the beginning date of unauthorized absence to the date of his arrest by, or surrender to, military authorities, or reporting to duty.

             (b)  If a PA USAFFE soldier joined a guerrilla unit and went AWOL as provided in sub-paragraph 5g(2)(h) above, his period of AWOL will be terminated upon entry into a POW status or missing status by joining another guerrilla unit, whether or not the latter is a recognized unit.  In such cases, a period of AWOL will be determined only during the period of recognition of the unit or of the unit commander.

             (c)  A period of AWOL not exceeding 24 hours will not be considered AWOL, except when a soldier went AWOL and died before the lapse of 24 hours.  In such cases, a finding of Not in Line of Duty is proper.

             (d)  Clinical and Medical records frequently reveal period of AWOL that should be indicated in the determination of soldier´s status.

             (e)  The period after August 15, 1945 to the actual date of return to military control is an AWOL status unless the absence is supported by acceptable evidence of sickness or other bona fide reasons which would warrant a Missing or No Casualty Status.  Note.  Compatible statements of soldier may be considered acceptable.

    8. Return to Military Control.

           (1)  Determination of Date (PA USAFFE).

             (a)  No Recognized Guerrilla Service. A PA USAFFE soldier who has not recognized guerrilla service will be considered to have returned to military control on the date he reported to a replacement battalion for processing, not the date his processing actually began or was completed.

             (b)  Recognized Guerrilla Service.  A PA USAFFE soldier who has recognized guerrilla service will be considered to have returned to military control on the date he reported to a replacement battalion for processing or on the date his guerrilla unit came under the operational control of the 6th or 8th Army, whichever is earlier.  (The date a member of a recognized guerrilla unit came under the operational control of the 6th or 8th Army is the date when he was first attached to any unit of the liberation forces.  If this date cannot be ascertained, the date he began receiving current pay will be considered as the date of attachment.)  The date of return to military control cannot be earlier than the date of initial landings of Liberation Forces on the island where his unit operated.  This is the first possible date when he could have been attached to the US Army.  The first landing of US Liberation Forces were made on Leyte, October 19, 1944 and on the Island of Luzon, January 9, 1945.  For dates of landing on other Philippine Archipelago Islands, refer to the letter of recognition of the guerrilla unit that operated on each island.  (See list of dates of capitulation or areas within the Philippines to the Japanese and date of liberation of areas by American Forces in Reference Manual.)

           (2)  Confined by CIC.  A PA USAFFE soldier who was confined by the CIC, or in a US Army Evacuation or Station Hospital will be considered to have returned to military control on the date his confinement began, unless he had previously returned to military control in accordance with the preceding sub-paragraphs.

           (3)  AWOL.  A member of the PA USAFFE, a recognized guerrilla, or a current enlistee who while under military control became absent from duty without authority and later reported or was returned to duty, will be considered to have returned to military control on the date he reported or was returned to duty.

           (4)  Subsequent to June 30, 1946.  A member of the PA USAFFE who reported to military control in the PA after June 30, 1946 will not be considered to have returned to military control under the Armed Forces of the US.

  • Grades, Promotions, Rates of Pay.

    1. When the PA USAFFE service of a deceased soldier has been established, but no satisfactory evidence of grade is available, he shall be determined to be in the lowest grade possible, i.e., private, or if the evidence clearly show that he as a commissioned officer, he shall be determined to be a 3rd Lieutenant.  Grades may not be determined on the basis of military position held, except that civilian drivers and mechanics inducted into the PA USAFFE shall be determined in grades not to exceed the following:

      Ambulance drivers — Private
      Drivers (other) — Private First Class
      Mechanics — Corporal

      If at any time there is an indication of civilian status or when the person refers to his status as a civilian driver, civilian mechanic, civilian radio operator, civilian telephone operator, etc., appropriate check should be made for "War Department Civilian Employee File", civilian payroll data, and information in the "Unit Histories" or organizational and military records.  When official records and affidavits conflict, official records will prevail.

    2. Original Grades.  PA USAFFE soldier´s grades as of December 8, 1941 or date of call to active duty, whichever is later, will be determined from the grade shown in Special Orders of Call to Active Duty, National Service Life Insurance Records, Casualty Reports, organizational and military records, promotion orders issued by authorized Headquarters prior to May 6, 1942, or from acceptable affidavits of unit Commanders, executive officers, personnel officers, first sergeants, platoon sergeants, squad leaders, and company clerks.
    3. Promotions.  All enlisted men´s promotions or appointments in commissioned ranks prior to May 6, 1942 will be determined from available evidence and records, which may be any of the following:  Special Orders issued by Headquarters, USAFFE or USAFIP, Fort Mills, Corregidor; Regimental Special Orders for non-commissioned officers; Company Orders — only for enlisted men claiming promotion to or demotion from the grade of private first class; Confirming Orders issued by Headquarters, Army of the Philippines, with authority from the Commanding General, AFPAC, AFWESPAC, or PHILRYCOM; and acceptable affidavits of persons, such as unit commanders, executive officers, personnel officers, first sergeants, platoon sergeants, squad leaders, and company clerks, stating that orders were in fact issued for the promotion or commission in question.  When official records and affidavits conflict, official records will prevail.

           (1)  POW Record or Death Certificate.  When such record shows a grade higher than that shown in a NSLI record, the soldier will be presumed to have been promoted to the higher grade on the first day of the month following the insurance policy´s effective date.  If the effective date of promotion will be after the termination of beleaguered status or the effect will be promotion from an enlisted grade to a commissioned rank, the promotion will not be considered, the lower grade will prevail.  Promotions of officers will not be presumed under this procedure.

           (2)  Guerrilla Ranks and Grades.

             (a)  When a PA USAFFE soldier´s name appears on a recognized guerrilla roster or individual letter of recognition with a higher rank or grade than his last PA USAFFE one, the guerrilla rank or grade will be accepted beginning on the date of recognition or effective date of promotion, whichever is later.

             (b)  If a PA USAFFE soldier is a recognized guerrilla with a rank or grade lower than his PA USAFFE one, guerrilla rank or grade will not be considered in the grade determination.

             (c)  All guerrilla promotions after the date of recognition or date of induction, whichever is later, will be considered in the grade determination, however, the highest acceptable guerrilla rank or grade will be the one shown on the guerrilla roster.  A rank or grade higher than that shown on the recognized roster will be considered only when it has been confirmed by Headquarters, Army of the Philippines, with authority from the Commanding General, ARPAC, AFWESPAC, or PHILRYCOM.

             (c)  Discrepancies.  When a discrepancy exists regarding a soldier´s grade, the following rules will govern:

               [1]  If a soldier is carried on a recognized roster in different grades, the lower grade will be considered his recognized grade.

               [2]  If the name appears in more than one roster with different grades and the rosters bear the same date of recognition, the lower grade will be considered his recognized grade and he will be considered to belong to the unit on whose roster his name appears with the lower grade.

               [3]  If his name appears on rosters of different units, with different grades, his grade on the roster that was approved earliest will be considered his recognized grade.

           (3)  After Death.  When a soldier´s recommendation for promotion was approved prior to his death, and appropriate promotion orders were issued after his death, the grade to which he was promoted will be considered his highest grade.

    4. Pay and Allowances.  (See Reference Manual, Recovered Personnel Records Branch, for monthly rates of pay and allowances of officers and enlisted men of the Philippine Commonwealth Army.)

  • Date and Character of Discharge.  The date and character of a soldier´s discharge from the service may be extracted from his discharge certificate, Form 55, Special Order of Discharge; WD AGO Form 40; WD AGO Form 100, clinical records; or final endorsement of service record.  a discharge may be honorable, other than honorable, or dishonorable.  Every effort should be made to obtain copies of the Special Orders of Discharge from the organizational and military records.  The guerrilla special orders authorizing the discharge of a PA USAFFE may be accepted as proof of discharge in the absence of evidence in conflict.  In case of discrepancy between one record and another in the date of discharge, the date shown on the special orders will be accepted.  AFP may be consulted only in cases where the discharge data is material to the determinations.  Those requests will be routed though the VA.

    1. Determination of Date.  A soldier will not be discharged from the PA in the service of the US Armed Forces after June 30, 1946.  In any case where evidence indicates a soldier continued serving in the PA after June 30, 1946, he will be considered as having been automatically separated on that date.

    2. Determination of Character.

           (1)  In determining character of separation, it is necessary to obtain information from the organizational and military records regarding court-martial proceedings, if any, against the soldier which might affect the character of the automatic separation from service.

           (2)  If the soldier was discharged dishonorably after June 30, 1946, the case will be suspended and a request to AFP for Board or court-martial proceedings will be made to determine whether the act affecting dishonorable discharge was committed on or prior to June 30, 1946.  Such request will be dispatched through the VA.

           (3)  If a soldier died after discharge allegedly any date prior to June 30, 1946 and no discharge certificate or Special Order of Discharge is of record, and the claimant has indicated an inability to furnish the documents, the date and character of discharge will be administratively determined from the evidence in his 201 file and archive records without recourse to an outside agency.

  • Death Status.

    1. Fact of Death.  The fact of death may be based on any of the following evidence.  True copies of documents are acceptable if they are certified by the legal custodians of the documents.  Documents certified by a commissioned officer of the Philippine Army or Philippine Constabulary (in active service) or by a DA Field Investigator may be acceptable also.

           (1)  Conclusive Proof.  The following may be considered conclusive proof of death if not contradicted in any material aspect:

             (a)  Certified true copies of death certificates issued by Local Civil Registrars when evidence shows that the entries on the original certificate were made on or shortly after the date of death.

             (b)  Certificates of death issued by duly established medical institutions based on existing records accompanied by a statement signed by the custodian thereof that the original records were made by one whose official duty was to record such events and that entries thereon were made on or shortly after the date of death.

             (c)  An affidavit signed by the medical officer or physician who attended the deceased at time of death, giving date, place, and cause of death.

             (d)  An affidavit of at least one disinterested person who personally knew the deceased in life, and who actually saw and positively identified the dead body, or was present at the burial.  The affiant must state the circumstances surrounding the death, how they came to this knowledge, and they must have been likely in the normal course of events.

             (e)  A death certificate or casualty report showing that the soldier died after being processed into the PA and while still in the service thereof.  This document is considered an official report of death.

             (f)  Official Guerrilla Casualty Roster or Burial Certificate (Church Record) which is corroborated by a statement of the next of kin that he or she was present at time of death or saw the dead body.

           (2)  Reasonably Conclusive Proof.  The following evidence is considered only reasonably conclusive proof of death:

             (a)  Death certificates and casualty reports issued by the Veterans Affairs Division or by the Philippine Executive Commission and Bureau of Public Welfare showing the soldier died before being processed into the Philippine Commonwealth Army.  If these certificates or casualty reports cannot be verified for authenticity against the list of casualties in the archive records of organizational and military records, they should be discarded.

             (b)  Official Guerrilla Casualty Rosters of KIA, KILD, and DILD.

             (c)  Burial Certificates (church records).

             (d)  Affidavits or statements of persons based on actual perception of death, but not conforming strictly to affidavit referred to in sub-paragraph 8a(1)(d) above.

             (e)  Reports of death based on records whose accuracy has not been fully established, or statements of actual perception of the fact of death know under circumstances not fully explained.

    2. Date, place, and cause of death.  In addition to the fact of death, the date, place, cause, And circumstances surrounding death are necessary in the determination.  The cause of death is especially vital for determining its service connection, if any, under the rules and regulations of the Veterans Administration.  Every effort therefore should be made to obtain this information and except in finding of death, the statement "unknown cause" or "unknown sickness" should not be shown.  If a soldier died of unnatural causes while under military control, a report of investigation or findings or a Board of Officer is necessary.  When death or injury was incurred in action or through enemy action, a report of a Board is not necessary; however, there must be evidence proving that death or injury was incurred in action or through enemy action.

           (1)  Guidelines pertaining to line of duty status are maintained in Special VA Inquiry Section, VA Branch, Entitlements Division, PSD.

           (2)  When a line of duty determination in death cases is necessary, prepare Memorandum through Branch Chief to Director, PSD, outlining the circumstances of death.

    3. Findings of Death.  A finding of death is the means of establishing death by presumption when the evidence regarding the fact and date of death are insufficient and the circumstances surrounding death are unknown.  A finding of death maybe made at any time after the expiration of twelve months absence when a person is absent, missing, or missing in action (whereabouts unknown), and the information received or a lapse of time without information establishes a reasonable presumption that he is no long alive.  In no case shall presumed date of death be subsequent to the date the finding is made, or earlier than the day following the expiration of twelve months absence.  The determination of the circumstances surrounding the presumed death will not be attempted.  The authority for making a finding of death is Section 5, Missing Persons Act (Public Law 490, 77the Congress, as amended).

    4. Line of Duty.

    5. Presumption of Death.  The presumed date of death shall be fixed in accordance with the following rules:

           (1)  A soldier who was last seen, heard from, accounted for or reported to be alive prior to October 23, 1943 shall be presumed dead on October 23, 1944.

           (2)  A soldier who was last seen, heard from, accounted for or reported to be alive on or after October 23, 1943 shall be presumed dead on the day following the expiration of twelve months from the date he was last heard from, accounted for, or reported to be alive.

    6. Presumption of Death Justified.

           (1)  When evidence does not indicate actual death, but leaves a possibility of survival, the soldier may be presumed dead.  The following evidence is required for a finding of death:

             (a)  Date and place last seen or heard from after December 7, 1941 must be shown either in official records or in acceptable affidavits of two or more disinterested persons who personally knew the deceased.

             (b)  Affidavits of two or more disinterested persons from the soldier´s locality, certifying to the fact that soldier has neither returned home nor has been heard of to the present.  Special attention will be given to affidavits referring to the soldier as "the late ___", or "deceased ___" in satisfying the requirements of proof of non-return.  Many instances have been noted where statements under oath as to the surviving relatives of the subject have been acceptable to establish non-return.

           (2)  When date and circumstances of death are not available and claimant is not or would not be able to furnish additional evidence, an arbitrary presumptive date of death is justified if the file contains sufficient indication of non-return.  (Cases with NSLI, POW, medical records, etc., the arbitrary date will be that which is consistent with the type of acceptable archive of record.  For instances, a case with POW archive would result in arbitrary date of January 25 1943, other evidence consistent.  The cases will not be suspended for proof of death.)

           (3)  When the name of the soldier is identified in a casualty roster which shows he was KIA, KILD, or DILD, and sufficient evidence is on file to establish that he did not die as indicated on the roster, but instead was missing and has never been seen again, a finding of death is justified.

           (4)  When sufficient evidence is available to establish that a soldier was serving with a guerrilla unit and disappeared prior to the revised date of recognition of the unit, a finding of death is justified.  In such case, he would be considered recognized on the date he disappeared and in a missing status until the date of presumed death.

    7. Status Until Presumed Date of Death.  When a soldier was determined to be in a casualty status (Beleaguered, POW, Missing, Recognized Guerrilla, or Regular PA Service) on the date of disappearance he will be carried in a Missing Status to the date of presumed death.

    8. Death in a No Casualty Status.

           (1)  A soldier who died while in a No Casualty Status is not subject to the Missing Persons Act; therefore, a determination or presumption of death is neither authorized no required in any case in which sufficient evidence is available to establish that a soldier died while in this status.  If however a determination of death is required for official purposes, the date seven years from date last seen or accounted for will be used and findings of death issued under previous determinations will be canceled.

           (2)  If in determining the status of a soldier under the Missing Persons Act, sufficient evidence is compiled to establish that he died in a No Casualty Status, the following procedures will be followed:

             (a)  A termination date of status under the Missing Persons Act will be established for a person whose whereabouts is unknown while being carried in a no casualty status.  The termination date will be the date the person was last seen or accounted for while in a no casualty status.

             (b)  If a determination of death is not required, a statement will be made that no evidence is available to indicate the whereabouts or activities subsequent to the date the person was last seen or accounted for.  Findings of death issued under previous determinations will be canceled.

             (c)  No action will be taken on previously determined cases solely to conform to these instructions unless the request is initiated by the Veterans Administration.

    9. Death Due to Unnatural Causes.  The Supervisor, VA Branch, will decide whether an immediate determination may be made in all cases in which veteran died in the service due to unnatural causes.  This includes death by accident, gunshot wounds, shot by person or persons unknown, etc., and the records contain insufficient evidence concerning the facts and circumstances surrounding soldier´s death.  If the soldier was serving in a regular component of the PA during or subsequent to the liberation of the islands and prior to July 1, 1946, a request will be sent to HPA for any record of an Investigation or findings of a Board of Officers concerning the soldier´s death.  This request must be approved by the Supervisor, VA Branch.  (These instructions are not intended to cover death at the hand of the enemy.)

  • Last date of Entitlement to Pay.  The last date of entitlement to pay of a deceased soldier will be determined as follows:

    1. If the soldier died after he returned to military control, last date of entitlement to pay is date of death (determined or presumed), date of discharge, or June 30, 1946, whichever is earliest.

    2. If the soldier died without returning to military control.

           (1)  When death (determined or presumed) occurred while in a status of AWOL, Desertion or No Casualty Status, last date of entitlement to pay will be one day prior to date such status began.

           (2)  When death occurred while POW, Missing or during service with a Recognized Guerrilla or Regular PA Unit on or after October 23, 1944, last date of entitlement to pay will be date of death (determined or presumed), date of discharge, or June 30, 1946, whichever is earliest.

           (3)  When death occurred while in a casualty status prior to October 23, 1944, last date of entitlement to pay will be:

             (a)  October 23, 1944 when proof of death is only reasonably conclusive.

             (b)  On the date the nearest of kin had personal knowledge or official notice of death, or October 23, 1944, whichever is earlier, when proof of death is conclusive.

    3. In deceased cases which have been adjudicated for arrears in pay, the arrears in pay determination should be taken into account in determining last date of entitlement to pay.  This date should be the last date of entitlement to pay determined for arrears in pay purposes, or the last date of entitlement to pay as determined under this Section, whichever date is later.

  • Cases previously adjudicated for arrears in pay for VA purposes.  If a claims folder contains either a prior determination for arrears in pay or a prior certification of service to the VA, or both, the following action is required:

    1. When the claims folder contains a determination for arrears in pay, a search will be made for additional records or archives, which may have been received subsequent to the date arrears in pay determination, was completed.  If additional records or archives are received which would warrant a material change in any status of the prior determination, a re-determination of status under the Missing Persons Act is required.  If however no additional records or archives are received and prior determination is properly supported, no action is required other than to prepare a NPRC Test Form 02-03.

    2. When the claims folder contains a previous certification of service to the VA dated subsequent to February 11, 1950, and a determination for arrears in pay, the VA certification will be accepted unless it contains a major discrepancy.  It will then be compared with the determination for arrears in pay.  If the information shown in each certification is compatible, the only action required is a statement in the records that the two certifications are compatible.  If the VA certification is verified, but the arrears in pay determination is not compatible, a determination of status under the Missing Persons Act will be completed by transposing status from the VA certification on NPRC Test Form 02-05, or 02-04 and entering a notation in the lower left corner of the form "Cross Reference VA certification dated ____".

    3. When a claims folder contains a copy of a determination sheet sent to VA showing the case was previously determined favorably for arrears in pay for PA USAFFE service only, but the case is now determined negative, the prior determination will be revoked by completing NPRC Test Form 02-04.

    4. The latest determination of status under the Missing Persons Act will always be filed as the topmost document on the right side of the claims folder.  When the records contain a determination of status under the Missing Persons Act for arrears in pay purposes, and it is determined to be correct, it will be filed as the topmost document on the right side of the claims folder.

"NARA ensures, for the Citizen and the Public Servant, for the President and the Congress and the Courts, ready access to essential evidence."

 

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