Francisco A. Guerrero v. John O. Marsh, Jr., Secretary of the United States Army, in His Official Capacity

Francisco A. Guerrero appeals from a dismissal of his petition for a writ of mandamus against John 0. Marsh, Secretary of the Army. We reverse the dismissal and grant the writ.

FACTS

On March 20, 1947 Francisco A. Guerrero was granted an honorable discharge from the Army of the United States. The discharge identified him as born January 6, 1919 in Baguio. His rank was that of Staff Sergeant, Headquarters Company, Second Battalion, 14th Infantry, and the discharge was signed by S.E. Fain, Colonel, Infantry, Commanding. The discharge noted that Guerrero had participated in the Luzon campaigns and in the Philippine defense campaign and that he had received the Asiatic-Pacific theatre ribbon with one bronze star; the Philippines Defense Ribbon with one bronze star; the World War II victory medal; and the Philippine Independence Ribbon. His mustering out pay was $300 and he was paid an additional sum due for other service, so he received a total of $725.38 on discharge. His character was described as “excellent.”

Military history, of which the court may take judicial notice, indicates the importance of the Filipino guerrillas in the liberation of the Philippines. The testimony…