IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090003707
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 item 32 (Battles and Campaigns) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
2. The applicant states, in effect, that his discharge document shows he was awarded the Asiatic-Pacific Campaign Medal and the World War II Victory Medal and that he arrived in the Asiatic-Pacific Theater of Operations (Philippines) on 25 April 1945. He contends that he immediately joined the 25th Infantry Division while it was in combat in the northern part of Luzon, that the war ended on
15 August 1945, and that he served in direct combat for 3 months and 20 days. He claims that he then served in Japan as an Army occupation force. He indicates that item 32 on his discharge document shows the entry "NONE" and it should show "PHILIPPINES."
3. The applicant provides a letter, dated 26 January 2009, from the National Personnel Records Center, St. Louis, Missouri; a copy of his WD AGO Form
53-55; and a WD AGO Form 100 (Separation Qualification Record) 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 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 applicants 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 applicants 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 was inducted into the Army of the United States on
31 July 1944. He served in the Asiatic-Pacific Theater of Operations from
25 April 1945 to 29 July 1946 and was honorably discharged on 18 August 1946.
4. Item 32 on the applicant's WD AGO Form 53-55 shows the entry "NONE."
5. There is no evidence of record which shows the applicant served in the Philippines during his assignment in the Asiatic-Pacific Theater of Operations.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were noted. However, there is no evidence of record, and the applicant provided none that might corroborate his contention that he served in the Philippines, which shows where he served during his assignment in the Asiatic-Pacific Theater of Operations. Regrettably, there is insufficient evidence on which to amend item 32 on his WD AGO Form 53-55.
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) AR20090003707
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ABCMR Record of Proceedings (cont) AR20090003707
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