IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080005735
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 that item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he was wounded on 13 May 1945 instead of 3 May 1945 in the Asiatic-Pacific Theater of Operations (APTO).
2. The applicant states that he was wounded on 13 May 1945.
3. The applicant provides a copy of his WD AGO Form 53-55 and numerous 1945 service medical records.
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, 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 was inducted on 1 December 1942 and entered active duty on
8 December 1942. He served in the APTO from 1 April 1944 to approximately
17 December 1945 and was honorably discharged on 3 January 1946.
4. Item 34 on the applicants WD AGO Form 53-55 shows the entry, APTO
3 MAY 45.
5. There is no evidence of record which shows the applicant was wounded in action on 3 May 1945 in the APTO.
6. In support of his claim, the applicant provided a service medical record, dated 13 May 1945, which states that he was wounded in action (left heel) on 13 May 1945 by small arms fire in Okinawa. He also provided numerous other 1945 service medical records which state that he was wounded in action on 13 May 1945.
DISCUSSION AND CONCLUSIONS:
Item 34 on the applicants WD AGO Form 53-55 shows he was wounded on
3 May 1945 in the APTO. However, the applicant contends that he was wounded on 13 May 1945 and he provided contemporaneous medical documentation to support his contention. Therefore, the 13 May 1945 service medical record provided by the applicant which shows that he was wounded in action on 13 May 1945 in Okinawa is accepted as sufficient evidence on which to amend item 34 on his WD AGO Form 53-55.
BOARD VOTE:
___xx___ ___xx___ ___xx___ 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 the entry in item 34 on his WD AGO Form 53-55; and
b. adding the entry, APTO 13 May 1945 in item 34 on his WD AGO Form 53-55.
________xxxx__________
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) AR20080005735
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ABCMR Record of Proceedings (cont) AR20080005735
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