IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080012235
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 discharge document be corrected to show all of his locations of foreign service.
2. The applicant states that in addition to serving in Iceland he also served in England, Ireland, Scotland, France, and Germany.
3. The applicant provides no supporting documentation.
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 applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the only military document available the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
3. The WD AGO Form 53-55 shows the following pertinent information:
a. entry onto active duty on 22 January 1943;
b. award of the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal;
c. two periods of service in Iceland, from 5 August 1943 through 17 January 1945 and 12 May 1945 through 25 December 1945; and
d. honorable release from active duty on 28 December 1945;
4. Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]) states 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. The ABCMR will decide cases on the evidence of record and is not an investigative body.
DISCUSSION AND CONCLUSIONS:
1. With the destruction of the applicant's service records it is impossible to verify where he served and for what period. Therefore, based on the presumption of administrative regularity there is insufficient documentation to warrant the requested correction of the applicant's records.
2. If the applicant has evidence to substantiate his request, he may request reconsideration.
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) AR20080012235
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ABCMR Record of Proceedings (cont) AR20080012235
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