RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 December 2005
      DOCKET NUMBER:  AR20050006232


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
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) to show a tour of duty in Japan.

2.  The applicant states he was touring in Japan from approximately
19 November 1945 to 16 December 1945 and this tour is not listed on his
discharge document.

3.  The applicant provides a copy of his WD AGO Form 53-55; a Certificate
of Naturalization; a Separation Qualification Record; an unidentified
roster; a DA Form 1577 (Authorization for Issuance of Awards), dated 29
January 1992; and a letter, dated 21 March 2005, from a Member of Congress.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 January 1946.  The application submitted in this case is dated 16
February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 16 December 1942 and entered active duty
on 23 December 1942.  He served in the Asiatic-Pacific Theater of
Operations and was honorably discharged on 8 January 1946.

5.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows his
organization was the 152nd Airborne Antiaircraft Battalion.  Item 36
(Service Outside Continental U.S. and Return) on his WD AGO Form 53-55
shows he

served in the Asiatic-Pacific Theater of Operations from 1 January 1944 to
10 December 1945.

6.  The Center for Military History confirmed that the November and
December 1945 Army Station Lists show the 152nd Airborne Antiaircraft
Battalion at Sendai, Japan.

7.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures
and Preparation of Separation Forms) established the policies and
procedures for completion and distribution of the WD AGO Form 53-55 during
World War II.  Item 36 on the WD AGO Form 53-55 listed the destination and
dates of service outside continental limits of the United States.  There is
no provision to show temporary duty assignments on the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  Although the Center for Military History confirmed that the applicant's
unit was in Japan during the period November-December 1945, duty
assignments were recorded in a Soldier's service record and not on the WD
AGO Form 53-55.  Unfortunately, the applicant's service record is not
available.  A copy of the email from the Center for Military History will
be provided to the applicant for information purposes.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 8 January 1946; therefore, the time for the
applicant to file a request for correction of any error expired on 1
January 1950 (3 years after the Board was established on 2 January 1947).
The applicant did not file within the 3-year statute of limitations and has
not provided a compelling explanation or evidence to show that it would be
in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JH_____  _RB_____  __JM____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ______James Hise______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006232                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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