IN THE CASE OF:
BOARD DATE: 15 July 2008
DOCKET NUMBER: AR20080006711
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, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he was inducted on
6 July 1943.
2. The applicant states, in effect, that his date of induction should appear on his WD AGO Form 53-55. He contends that he reenlisted in Italy on 9 December 1945.
3. The applicant provides a copy of his WD AGO Form 55 (Enlisted Record) and WD AGO Form 53-55.
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 applicants WD AGO Form 55 shows that he was inducted on 6 July 1943 and honorably discharged on 9 November 1945. This form also shows that he had 21 days of lost time.
4. The applicants WD AGO Form 53-55 shows that he enlisted on 10 November 1945 and was honorably discharged on 9 July 1946.
5. Item 39 (Prior Service) on the applicants WD AGO Form 53-55 shows that he served 2 years, 2 months, and 29 days.
DISCUSSION AND CONCLUSIONS:
1. The WD AGO Form 55 and the WD AGO Form 53-55 were meant to be "snapshots in time" and a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Evidence of record shows the applicant was inducted on 6 July 1943 and honorably discharged on 9 November 1945, which is properly reflected on his WD AGO Form 55. His WD AGO Form 53-55 covering the period 10 November 1945 through 9 July 1946 properly reflects his earlier service (minus the lost time) in item 39. Therefore, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ __xx____ 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.
_ ______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) AR20080006711
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006711
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017360
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of SeparationHonorable Discharge) to show he enlisted on 18 May 1943 not 10 November 1945. The WD AGO Form 53-55 the applicant provided shows he entered the Regular Army on 10 November 1945 in Paris, France while serving in the European-African-Middle Eastern Theater of Operations. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080002981
The applicant states, in effect, that he was awarded the Combat Infantryman Badge during World War II, that he was separated in April 1946, and that the Bronze Star Medal is not on his discharge document. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal (based on award of the Combat Infantryman Badge) and two bronze...
ARMY | BCMR | CY2008 | 20080000649
For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...
ARMY | BCMR | CY2009 | 20090006240
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) for the period ending 8 January 1946 to show his correct date of birth (DOB), correct date of induction, and correct date of entry into active service. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 August 1924. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...
ARMY | BCMR | CY2008 | 20080006979
The applicants military records are not available to the Board for review. However, the two entries for 26 December 1944 and 26 February 1945 do not identify the applicant by name as being wounded in action on these dates. Therefore, there is insufficient evidence to verify he was wounded as a result of hostile action.
ARMY | BCMR | CY2008 | 20080002930
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. The applicants military records are not available to the Board for review. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080005935
The applicant provides a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active duty or Retirement) and a WD AGO Form 100 (Separation Qualification Record). The applicant has provided new evidence that will be considered by the Board. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been...
ARMY | BCMR | CY2010 | 20100007032
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal and all other awards to which he is entitled. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the applicant was awarded the European-African-Middle Eastern Theater Campaign Medal with 1 bronze service star, the Good Conduct Medal, the World War II Victory Medal, and the Purple Heart. As a result, the...
ARMY | BCMR | CY2008 | 20080010782
The applicants military records are not available to the Board for review. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2010 | 20100021414
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Army of Occupation Medal, Combat Infantryman Badge, and the Purple Heart, and to correct his service dates. In the absence of official orders or other documentary evidence, such as operation reports, after action reports, valor awards, witness statements, or any others evidence that conclusively shows he participated in active ground combat while...