IN THE CASE OF:	  

		BOARD DATE:	        11 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009497 


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 payment for furlough time he did not receive. 

2.  The applicant states, in effect, that payment of lost furlough is not shown on his discharge document.  He contends that the Army is honor bound to pay the compensation regardless of date requested.  

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a copy of his Honorable Discharge Certificate.

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.  Therefore, the only documents available for review are those submitted by the applicant in support of his application. 

3.  The applicant's record does contain a properly constituted WD AGO Form
53-55.  This form shows he enlisted in the Regular Army on 20 January 1941 and served in military occupational specialty 761 (Scout).  

4.  This form also shows that he was assigned to Company E, 16th Infantry Regiment while he served in the European Theater of Operations during the period 12 July 1942 through 9 June 1945.

5.  The applicant received the Purple Heart with 1st Oak Leaf Cluster, the Bronze Star Medal, the Army Good Conduct Medal, the American Defense Service Medal, the Distinguished Unit Badge, the European-African-Middle Eastern Campaign Medal, and the Combat Infantryman Badge.
 
6.  The applicant was honorably discharged on 24 June 1945.  

7.  The applicant's available record did not contain a War Department Form 372A (Final Payment – Work Sheet).  His WD AGO 53-55 does not contain any information regarding furlough pay.  However, it does show that he received $100.00 in mustering out pay (MOP).

8.  Public Law 78-225, enacted in 1944, provided for the payment of MOP to each member of the armed forces, with certain exceptions, who was engaged in active service in the present war (i.e. World War II) and who was discharged or relieved from active service under honorable conditions on or after 7 December 1941.  Each person eligible to receive MOP would receive one-third of the stipulated amount at the time of final discharge or ultimate relief from active service and the remaining amount of such payment would be paid in two equal installments – 1 month and 2 months, respectively, from the date of the original payment.

9.  Title 31, U.S. Code, section 3702, also known as the barring statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues.




DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that payment for furlough time he did not receive.

2.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973 and it is believed that the applicant’s records were lost or destroyed in that fire.  Therefore, the only documents available for review are those submitted by the applicant in support of his application.  The available evidence does not provide any information regarding the applicant's furlough dates and/or lost furlough.  The applicant has not provided any information regarding the circumstances of his alleged lost furlough, the nonpayment of this lost furlough, the dates when it occurred, or why he has waited for over 62 years to make this claim.  

3.  Even if the applicant could show that his claim had merit and he was not paid for his alleged lost furlough time, the barring statute in Title 31, U.S. Code, section 3702 would prohibit a claim against the Government at this point.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's available record, and the applicant has not submitted sufficient evidence to show an error or injustice occurred in his record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.



      ___        XXX                ___
                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)                                         AR20080009497



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ABCMR Record of Proceedings (cont)                                         AR20080009497



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