IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090005046
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his service in Guadalcanal.
2. The applicant states that he disembarked in New Caledonia and proceeded later for duty in Guadalcanal. Item 36 of his WD AGO Form 53-55 does not show his service in Guadalcanal.
3. The applicant provides, in support of his application, copies of his WD AGO Form 53-55 (with court certification), DSS Form 150 (Order to Report for Induction) and WD AGO Form 100 (Separation Qualification Record),
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. On 25 September 1943, the applicant was inducted into the Army of the United States. He entered active duty on 16 October 1943 and subsequently completed training as a clerk.
3. Records show that the applicant departed California on 11 May 1944 for duty in New Caledonia. He arrived on 26 May 1944 and was assigned for duty as a truck driver with the 353rd Ordnance Battalion.
4. On or about 17 July 1944, the applicant was reassigned within the organization. He subsequently departed Guadalcanal on 6 August 1945 and arrived in the United States on 7 August 1945 for duty at Aberdeen Proving Grounds, Maryland.
5. On 12 April 1946, the applicant was discharged. He had attained the rank of technician fifth grade and had completed 2 years, 5 months and 27 days of creditable active duty service.
6. Item 36 (Service Outside Continental United States and Return) shows that the applicant departed the United States on 11 May 1944, arrived in New Caledonia on 26 May 1944; departed New Caledonia on 6 August 1945 and arrived in the United States on 7 August. It does not show his service in Guadalcanal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he served in Guadalcanal but that it is not recorded on his WD AGO Form 53-55.
2. The available evidence shows that the applicant was assigned to New Caledonia on 26 May 1944 and that he subsequently departed Guadalcanal on
6 August 1945 to return to the United States. His WD AGO Form 53-55 indicates that he departed from New Caledonia on 6 August 1945. However, his service record shows that he departed Guadalcanal on 6 August 1945 for the United States.
3. In view of the above, it is reasonable to presume that the applicant's reassignment orders effective 17 July 1944 relocated him to Guadalcanal. Therefore, his WD AGO Form 53-55 should be corrected to show that he departed New Caledonia on 17 July 1944 and arrived in Guadalcanal on 18 July 1944.
BOARD VOTE:
____X__ ___X___ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 36 of his WD AGO Form 53-55: Date of Departure: 17 July 1944; Destination: Guadalcanal; Date of Arrival: 18 July 1944.
_______ _ 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.
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