IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100016584 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his organization as the 24th Infantry Division.

2.  The applicant states he served with the 24th Infantry Division, not the 4th Infantry Division as shown on his WD AGO Form 53-55.

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant's WD AGO Form
53-55 is sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows in:

	a.  Item 6 (Organization):  "4th Inv [sic] Div";

	b.  Item 32 (Battles and Campaigns):  Luzon;

	c.  Item 33 (Decorations and Citations):  in part, the Asiatic-Pacific Service [now Campaign] Medal; and

	d.  Item 36 (Service Outside Continental U.S. and Return):  service in the Pacific Theater of Operations (PTO) from 23 June 1945 to 22 "June" 1946 [appears that this entry should show January 1946 as date of departure from PTO].

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This document shows that the 4th Infantry Division served in the European Theater of Operations (ETO) during World War II.  It also shows that the 24th Infantry Division served in the PTO and participated in the Luzon campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show he served with the 24th Infantry Division.

2.  The available records clearly show that the applicant was recognized for service in the PTO, which is where the 24th Infantry Division was stationed.  There is no evidence showing that the applicant was ever in the ETO, which is where the 4th Infantry Division was stationed.

3.  In view of the foregoing, the applicant's WD AGO Form 53-55 should be corrected to show his organization as the 24th Infantry Division.



BOARD VOTE:

___X____  ___X____  ____X___GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 6 of his WD AGO Form 53-55 the entry "4 Inv Div" and replacing it with the entry "24th Infantry Division."



      _______ _X  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100016584



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ABCMR Record of Proceedings (cont)                                         AR20100016584



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