RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2007
DOCKET NUMBER: AR20070002251
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. John T. Meixell
Member
Mr. Richard T. Dunbar
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-Honorable Discharge) with the period ending 23 November 1945 to show he served in the Iwo Jima and Saipan campaigns.
2. The applicant states, in effect, that his WD AGO 53-55 incorrectly shows he served in New Guinea in Item 32 (Battles and Campaigns). He further states that his WD AGO 53-55 should be changed to show he participated in the Iwo Jima and Saipan campaigns.
3. The applicant provides a WD AGO Form 53-55; a United States Army Honorable Discharge Certificate, dated 23 November 1945; and a WD AGO Form 100 (Separation Qualification Record), dated 23 November 1945.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and WD AGO Form 100.
3. The applicant's WD AGO Form 53-55 shows he was inducted on
31 December 1942 and entered active duty on 8 January 1943. The applicant served in the Asiatic-Pacific Theater of Operations from 16 May 1943 through 2 November 1945. He was honorably discharged on 23 November 1945.
4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows the entry "New Guinea and Western Pacific."
5. A WD AGO Form 100 shows that the applicant served with the 752nd Antiaircraft Artillery Gun Battalion in Hawaii, Saipan, Iwo Jima, and the Marshall Islands for 31 months.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II. This document does not list Iwo Jima or Saipan as campaigns.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form should be corrected to show he participated in the Iwo Jima and Saipan campaigns. His WD AGO Form 100 show that he served with the 752nd Antiaircraft Artillery Gun Battalion in Hawaii, Saipan, Iwo Jima, and the Marshall Islands in the Asiatic-Pacific Theater of Operations.
2. The Unit Citation and Campaign Participation Credit Register does not list Iwo Jima or Saipan as campaigns. While it cannot be determined why the New Guinea campaign was listed on his WD AGO Form 53-55, it appears the Saipan and Iwo Jima operations were wrapped into a more-encompassing "Western Pacific" campaign.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___LE __ __JTM __ __RTD__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
____ Lester Echols __
CHAIRPERSON
INDEX
CASE ID
AR20070002251
SUFFIX
RECON
DATE BOARDED
23 AUGUST 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
107.0000.0000
2.
3.
4.
5.
6.
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