IN THE CASE OF:	

		BOARD DATE:	 2 October 2008 

		DOCKET NUMBER:  AR20080012087 


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 correction of his records as follows:

	a.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service), dated 2 December 1946, as follows:

		(1)  show he was inducted in the rank of private;

		(2)  show his separation rank as private first class;

		(3)  show exposure to nuclear fallout; and

		(4)  show he was part of an operation and/or that he stopped in Korea en route from Okinawa, on or about 10 or 12 September 1945, and arrived back in the United States.

	b.  Item 13 (sic – should be Item 10 (Military Occupational Assignments – Months)) of his WD AGO Form 100 (Separation Qualification Record), dated
2 December 1946, to show he served in the grade of PVT for a combined 8 months instead of 10 months and the grade of PFC for 15 months instead of 11 months; and

	c.  Entitlement to additional medals and recognition.



2.  The applicant states that he applied for membership in the American Legion and notices some errors on his WD AGO Form 53-55, as follows:

	a.  he was inducted as a private (PVT), not as a PFC, and that he was promoted to PFC for action beyond the call of duty on 12 August 1945; however, this promotion is not shown on his record;

	b.  he acknowledges that the Battle of Okinawa was over when he arrived; however, he was still exposed to enemy fire as the plane he was on took off for bombing runs, and that the Atom Bomb dropped on Hiroshima and Nagasaki exposed him to nuclear fall-out; and

	c.  his unit was loaded onto troopships in Okinawa on 10 or 12 September 1945 and transported through mine infested waters to occupation in Korea; however, there is no mention of this operation and/or trip on his records.

3.  The applicant provides a copy of his WD AGO Form 53-55, dated 2 December 1946; a copy of his Honorable Discharge Certificate, dated 2 December 1946; a copy of his WD AGO Form 100, dated 2 December 1946; and a copy of U.S. of America Veterans Administration Certificate of Eligibility, dated 2 November 1954, in support of his application.

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 WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active duty in Springfield, Massachusetts, in the rank of private, on 11 January 1945.  He was trained in military occupational specialty (MOS) 745 (Rifleman) and later to MOS 442 (Musician).  This form also shows that he was assigned to the 27th Special Service Company on the date of separation.

4.  The applicant's WD AGO Form 53-55 shows he was promoted to PFC on 12 August 1945 and held that grade until he was separated on 2 December 1946.  This form also shows that the highest grade he held during his military service was PFC. 

5.  The applicant's WD AGO Form 53-55 shows he completed 6 months and 25 days of continental service and 1 year, 3 months, and 27 days of foreign service. 

6.  The applicant's WD AGO Form 53-55 shows he departed the United States on 12 June 1945 and arrived in the Central Pacific Area of Operations on 19 June 1945.  He then departed the Central Pacific Area of Operations on 30 June 1945 and arrived in the Western Pacific Theater of Operations on 5 August 1945.  He departed the Western Pacific Theater of Operations on 21 September 1945 and arrived in the United States on 8 October 1945.  There is no indication in his records that he stopped in Korea.  

7.  The Pacific Theater of Operations (PTO) was the World War II military activity in the Pacific Ocean and the countries bordering it, a geographic scope that reflected the operational and administrative command structures of the period's American forces.  The other areas of the Pacific War, the China Burma India Theater and South-East Asian Theater, had their own respective command structures, independent of PTO.  From the middle of 1942 until the end of the war in 1945, there were two operational commands in the PTO:  

	a.  Pacific Ocean Areas (POA); divided into Central Pacific Area, North Pacific Area and South Pacific Area), commanded by Admiral Nimitz, Commander-in-Chief Pacific Ocean Areas; and 

	b.  South West Pacific Area (SWPA), commanded by General MacArthur, Supreme Allied Commander South West Pacific Area.

8.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

9.  Item 33 (Decorations and Citations) of the applicant's AGO Form 53-55 shows he was awarded the Army of Occupation Medal, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal.

10.  Item 10 of the applicant's WD AGO Form 100 shows he held the grade of PVT for 10 months, 4 of which was in basic training and 6 of which was as a rifleman.  He also held the grade of PFC for 11 months as a musician. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's grade, there was no requirement to list the applicant's induction grade or grade at the time of entry onto the WD AGO Form 53-55.  However, there was a requirement to list the highest grade attained and the grade at the time of separation.  The applicant was promoted to PFC on 12 March 1945 and held that grade until separation on 2 December 1946.  There is no indication or evidence that he held a higher grade.  Therefore, the entries in Item 3 (Grade) and Item 38 (Highest Grade Held) of his WD AGO Form 53-55 are correct.

2.  With respect to the applicant's service in Korea, there is no indication or evidence that the applicant stopped in Korea on his way from Okinawa to the United States.  The entries in Item 36 (Service Outside Continental U.S. and Return) are presumed to be administratively correct. 

3.  With respect to the nuclear fallout, there is no evidence that the applicant sustained an injury or wound as a result of hostile action that would have warranted an entry in Item 34 (Wounds Received in Action) on his WD AGO Form 53-55.  Routine illnesses and/or treatments would have been entered on his medical records, not his separation document.

4.  The evidence of record shows that the applicant was promoted to PFC on 12 August 1945 and he held this grade until he was separated on 2 December 1946.  Therefore, it appears that he served for a period of 15 months in the grade of PFC.  However, the entry in Item 13 of his WD AGO Form 100 pertains to the approximate amount of time he was assigned to the 227th Special Services Company, as a musician, in the grade of PFC.  This entry is not intended to show the exact period of time a Soldier performed in a particular specialty in a particular unit.  The entry of 11 months is therefore presumed to be correct.  




5.  With respect to the applicant's awards and decorations, the applicant's WD AGO Form 53-55 appears to show all awards and decorations the applicant earned during his military service.  The applicant's reconstructed record was reviewed and it was determined that the applicant is not entitled to any other awards. 

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)                                         AR20080012087



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ABCMR Record of Proceedings (cont)                                         AR20080012087



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