IN THE CASE OF:
BOARD DATE: 03 MARCH 2009
DOCKET NUMBER: AR20080013754
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show that he served in Japan.
2. The applicant essentially states that his service in Japan was omitted from his WD AGO Form 53-55 due to a lack of space or other administrative reason, but that having his service in Japan shown on this document is a matter of record, dignity, and personal pride for him. He also states, in effect, that he was in Japan only a couple of days after Japan surrendered in 1945 and that he was part of the engineer brigade that was leading the invasion force against Japan. Additionally, he states that this was 2 days out from the time the atom bomb was dropped on Hiroshima.
3. The applicant provides a copy of a photograph 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 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 majority of the applicants 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. However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.
3. The available records show that the applicant was inducted into the Army of the United States on 9 November 1942 and entered active duty on 23 November
1942. They also show that he possessed military occupational specialty 075 (General Electrician) and last served with Company D, 1303rd Engineer General Service Regiment. He departed the continental United States on 24 March 1944 for the European theater of operations and participated in the Normandy, Northern France, Ardennes-Alsace, Rhineland, and Central Europe campaigns. He later served in the Asiatic-Pacific theater of operations for an undetermined amount of time. He departed the Asiatic-Pacific theater of operations on 29 September 1945 and returned to the continental United States on 9 October
1945. On 20 October 1945, he was honorably discharged.
4. The applicant provided a copy of a photograph which he essentially stated is of him outside the Imperial Palace in Tokyo, Japan. The fact that this photograph has a caption stating that it was taken in September 1944 was noted.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) identifies, in part, occupation credit for units during World War II. It shows that the 1303rd Engineer General Service Regiment was awarded occupation credit in Japan from 25 October 1945 to 20 January 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show that he served in Japan.
2. First and foremost, there was no regulatory requirement to list each country a Soldier served in on the WD AGO Form 53-55. Second, the applicant's unit did not begin receiving occupation credit in Japan until 25 October 1945, but he had departed the Asiatic-Pacific theater of operations on 29 September 1945. While the applicant provided a copy of a photograph that has a caption that it was taken
in September 1944, the applicant essentially stated that it was taken in 1945. Notwithstanding the inconsistencies of when the photograph was taken, the authenticity of this photograph cannot be confirmed and, as previously mentioned, as there was no regulatory requirement to list each country a Soldier served in on the WD AGO Form 53-55, it has little bearing in this case.
3. 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 this requirement. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ __X______ __X______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant 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) AR20080013754
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