IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080007486 


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 the Army serial number entered on his 
WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 13 September 1945 be changed to read 32 *** *** instead of 35 *** ***.  He further requests that Item 32 (Battles and Campaigns) of his WD AGO 53-55 be changed to show Pearl Harbor instead of Luzon.  The applicant then requests that his place of separation be changed to Pearl Harbor instead of Luzon.

2.  The applicant states his actual Army serial number is 32 *** ***.  He further states the location of his discharge states Luzon, but he was actually discharged from Pearl Harbor and he had never served in Luzon.

3.  The applicant provides, in support of his application, copies of his W.D.,A.G.O. Form 100 (Army Separation Qualification Record); his 
WD AGO 53-55; his Honorable Discharge Certificate; and a zeroxed picture of his identification tags. 

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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The only records available to the Board were financial and pay records and records provided by the applicant.  The primary military personnel record available to this Board is the WD AGO Form 53-55 submitted by the applicant. 

3.  The applicant's record of induction was not available for review.

4.  The applicant's WD AGO Form 53-55 shows he was inducted and entered into active service on 10 April 1941.  Item 32 of his WD AGO Form 53-55 contains the entry "Luzon."

5.  Item 36 (Service Outside Continental U.S. And Return) of the applicant's 
WD AGO 53-55 shows he arrived in the Asiatic-Pacific Theater on 20 July 1941 and returned to the U.S. on 9 December 1944.  He returned to the Asiatic-Pacific Theater on 13 February 1945 and returned to the U.S. on 6 September 1945.  

6.  A complete record of the units to which the applicant was assigned and the dates of his assignment was not available for review.

7.  The applicant was released from active duty on 31 October 1945 due to demobilization.  He had completed 2 years, 8 months, and 21 days of active service that was characterized as honorable.  Item 8 (Place of Separation) of his WD AGO 53-55 and his Honorable Discharge Certificate show he was separated at the Separation Center at Camp Atterbury, Indiana.

8.  Item 2 (Army Serial No.) of the applicant's WD AGO 53-55 contains the entry "35 *** ***.  His Honorable Discharge Certificate identifies him with the Army serial number 35 *** ***.

9.  A Final Payment Roll identifies the applicant with the Army serial number 
32 *** ***.

10.  The applicant's W.D.,A.G.O. Form No. 100 identifies his with the Army serial number 32 *** ***.

11.  Table B-1 of Army Regulation 600-8-22 (Military Awards) lists campaigns and service requirements for the Asiatic-Pacific Theater during World War II.  There is no campaign designated Pearl Harbor on this listing.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Army serial number should be shown as 32 *** *** instead of 35 *** ***.

2.  The evidence includes official documents that show the applicant's Army serial number as both 32 *** *** and 35 *** ***.  However, the applicant's record of induction, which would show his Army serial number assigned at the time of induction, was not available for review.  Therefore, there is insufficient evidence to show which official documents are in error.  Therefore, there is insufficient evidence to change the applicant's Army serial number on any documents.

3.  The applicant contends Item 32 of his WD AGO 53-55 should show the campaigns he participated in as Pearl Harbor instead of Luzon.  There was no campaign in the Asiatic-Pacific Theater designated Pearl Harbor.  Due to the unavailability of the applicant's units and dates of assignment, there is insufficient documentation to determine which campaigns the applicant participated in.  Therefore, there is insufficient evidence or official documentation to make any change to Item 32 of the applicant's WD AGO 53-55.

4.  The applicant contends he was separated in Pearl Harbor, Hawaii.  However, his WD AGO 53-55 and discharge certificate both show his place of separation as Camp Atterbury, Indiana.  There is no other evidence or official document to show he was separated in Pearl Harbor, Hawaii.  Therefore, there is insufficient evidence to change the applicant's place of separation.  

5.  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 that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  ___X_____  ___X_____  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.




      _______ _ 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)                                         AR20080007486





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ABCMR Record of Proceedings (cont)                                         AR20080007486



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