APPLICANT REQUESTS: Correction of his military records to show he was transferred from Luzon, Philippines on
20 August 1945 and arriving in Honshu, Japan on 2 September 1945. He states that he left the Philippines on 20 August 1945 and docked in Tokyo Bay, the night before the Japanese signed the surrender. On 3 October 1945 the rest of his outfit arrived in Tokyo Bay, Japan. He also states If there is anyway the Veterans Administration or the Army can find out about these dates and correct my records he would be most grateful. He has also provided his discharge documents to support his request.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's available military records show:
He enlisted and served on his first tour from
13 October 1943 to 9 November 1945 with an honorable discharge. He then reenlisted into the Regular Army from
10 November 1945 to 15 May 1947.
His discharge documents show he was transferred from the Luzon, Philippines on 20 September 1945 and arrived in Honshu, Japan on 3 October 1945.
There is no other available documentation to support his request.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on
9 November 1945 the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950, 3 years subsequent to the establishment of the Correction Board.
The application is dated 13 November 1995 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
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