RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 January 2008
DOCKET NUMBER: AR20070009750
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 L. Engle
Analyst
The following members, a quorum, were present:
Mr. Frank C. Jones II
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Michael J. Flynn
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 Enlisted Record and Report of Separation - Honorable Discharge (WD AGO Form 53-55) to show his rank as private first class.
2. The applicant states that he was promoted to private first class on or about
1 March 1945, prior to being shipped to Okinawa.
3. The applicant provides copies of his WD AGO Form 53-55; and WD AGO Forms 234 dated 20 and 30 June 1945 notifying his parents of his medical status.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant's WD AGO Form 53-55 indicates that he was an infantry private at the time of his discharge on 15 October 1945.
4. The applicant's War Department Form 372A, Final Payment Worksheet, indicates in Remarks section that he had arrived in the United States on 16 July 1945 and was due FSP (foreign service pay) as a PVT (private). The applicant signed this form, indicating that he had received a final payment of $152.58, as a private.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant arrived in the United States as a private on 16 July 1945, and was discharged on 15 October 1945.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__FCJ __ __LMD __ __MJF __ 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.
_ Frank C. Jones II____
CHAIRPERSON
INDEX
CASE ID
AR20070009750
SUFFIX
RECON
DATE BOARDED
20080108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110
2.
3.
4.
5.
6.
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