IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012229 


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 military records be corrected to show that he served in the Infantry from October 1944 to June 1945, and that his place of birth was Portales, New Mexico.

2.  The applicant essentially states that he was in the Infantry from late 1944 to about June 1945, and that this service should be accounted for.  He also states, in effect, that the colonel who greeted him and others from different branches stated that "the service you will remember and boast about is the Infantry."  He further states that item 11 (Place of Birth) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows that his place of birth was Portales, North Carolina, but that Portales is in New Mexico.

3.  The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, and a self-authored letter dated 30 June 2008 in support of this 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  This case is being considered using the evidence provided by the applicant.

3.  The available records show that the applicant was inducted into the Army of the United States on 18 February 1941.  They also show that he served in military occupational specialty 230 (Topographic Surveyor) as a member of the Combat Engineer branch.  The majority of the applicant's service was in the continental United States, but he departed the continental United States on 11 February 1945 for the European-African-Middle Eastern theater of operations. In June 1945, he departed for the Asiatic-Pacific theater of operations.  He returned to the continental United States on 30 November 1945 and was honorably released from active duty on 17 December 1945.

4.  The applicant requested that his military records be corrected to show that he served in the Infantry from October 1944 to June 1945.  However, there is no evidence in the available records, and the applicant failed to provide any evidence which shows that he ever served in the Infantry.

5.  Item 11 of the applicant's WD AGO Form 53-55 essentially shows that his place of birth was Portales, North Carolina.  However, the city of Portales is in New Mexico, not North Carolina.

6.  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.  This 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 that his military records should be corrected to show that he served in the Infantry from October 1944 to June 1945, and that his place of birth was Portales, New Mexico.

2.  While the sincerity of the applicant's claim that he served in the Infantry from October 1944 to June 1945 is not questioned, there is no evidence in the available records, and the applicant failed to provide any evidence which shows that he ever served in the Infantry.  Regrettably, absent such evidence, there is insufficient basis for correcting his military records to show that he served in the Infantry from October 1944 to June 1945.

3.  It is apparent that a typographical error occurred when his WD AGO 
Form 53-55 was prepared by showing that his place of birth was Portales, North Carolina, instead of Portales, New Mexico.  Therefore, it would be appropriate at this time to correct his military records to show that his place of birth was Portales, New Mexico.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected showing that his place of birth was Portales, New Mexico, instead of Portales, North Carolina.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing that he served in the Infantry.


3.  While the Board regrets that a more favorable response could not be accomplished, it wants to thank the applicant for the sacrifices he made in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      __________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)                                         AR20080012229



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ABCMR Record of Proceedings (cont)                                         AR20080012229



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