IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070018160 


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, in effect, correction of the continental service and foreign service that is shown on his discharge document.

2.  The applicant states, in effect, that his discharge document shows he entered active duty on 28 November 1942 and completed 2 years, 0 months, and 1 day of continental service.  However, he points out that his date of departure from the continental United States was 2 March 1944, he remained in the Asiatic-Pacific Theater of Operations until 26 November 1945, and was honorably discharged on 22 December 1945.  The applicant adds he requests correction of his discharge document to ensure his military service records are accurate.

3.  The applicant provides a copy of his War Department (WD) Adjutant General Office (AGO) 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of 22 December 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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's military service records contain a WD AGO Form 53-55 that shows he enlisted and entered active duty in the Army of the United States on
28 November 1942.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty 607 (Heavy Mortar Crewman).  Item 6 (Organization) of this document shows the applicant was assigned to Company M, 155th Infantry Regiment.

4.  Item 36 (Service Outside Continental U.S. and Return) of the applicant’s
WD AGO Form 53-55 shows he departed the continental United States on
2 March 1944 for service outside the continental United States in the Asiatic-Pacific Theater of Operations (APTO), arrived in the APTO on 7 April 1944, departed the APTO on 26 November 1945, and returned to the continental United States on 11 December 1945.

5.  The applicant’s WD AGO Form 53-55 shows he was honorably discharged from the Army on 22 December 1945.  Item 37 (Total Length of Service) shows he was credited with 2 years, 0 months, and 1 day continental service and
1 year, 1 month, and 10 days foreign service; however, the entry “1 [years]” in the foreign service block is not clear and could also be read as “0 [years].”  Item 55 (Remarks), in pertinent part, shows the applicant had no time lost.

6.  War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty.  The instructions for completing the Report of Separation (WD AGO Form 53-55) states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.  The instructions for Item 36 (Service Outside Continental United States and Return) of the WD AGO 53-55 state to enter the date of departure, destination (i.e., theater), and date of arrival.  The instructions for Item 37 (Total Length of Service) state to enter the length of current period of active duty as represented by continental service and foreign service (in Item 36), less time lost.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the continental service and foreign service shown on his discharge document should be corrected to accurately document the time he spent in the continental United States and overseas.

2.  The applicant’s WD AGO Form 53-55 documents that he served in the continental United States from 28 November 1942 through 1 March 1944 and also from 11 December 1945 through 22 December 1945.  These 2 periods of service equate to a total of 1 year, 3 months, and 16 days continental service.  Therefore, the applicant’s records should be corrected to show this total amount of continental service.

3.  The evidence of record shows, in pertinent part, that Item 36 of the WD AGO Form 53-55 will be completed by entering the date of departure, destination, and date of arrival.  In calculating overseas service, the date of departure from the continental United States and the date prior to return to the continental United States will be used to determine foreign service.

4.  Item 36 of the applicant’s WD AGO Form 53-55 documents that he departed the continental United States on 2 March 1944 for the Asiatic-Pacific Theater of Operations and returned to the continental United States on 11 December 1945. This period of service equates to 1 year, 9 months, and 9 days foreign service. Therefore, the applicant’s records should be corrected to show this total amount of foreign service.

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:

	a.  deleting from the applicant’s WD AGO Form 53-55, Item 37 (Total Length of Service):

	(1)  Continental Service:  “2 [Years], 0 [Months], 1 [Days]” and

	(2)  Foreign Service:  “1 [Years], 1 [Months], 10 [Days];” and

	b.  adding to the applicant’s WD AGO Form 53-55, Item 37 (Total Length of Service):

	(1)  Continental Service:  “1 [Years], 3 [Months], 16 [Days]” and

	(2)  Foreign Service:  “1 [Years], 9 [Months], 9 [Days].”




       _    ___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)                                         AR20070018160



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ABCMR Record of Proceedings (cont)                                         AR20070018160



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