IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090009054
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, removal of the 84 days of lost time from his WD AGO Form 53-55 (Honorable Discharge) dated 27 July 1946.
2. The applicant states, in effect, he believes it is not too late to rectify this error on his WD AGO Form 53-55. He also states that he was trained at Camp Blanding, Florida, from September to December 1944. His training was cut short and he was given 3 days at home before being shipped to France. After 3 weeks on the line, he was hit and spent 42 days in the hospital. The Army reclassified him and he joined a medical outfit that followed the line to within 60 miles of Munich, Germany, when the war ended. On his arrival home, he was given a 45-day delay en route to Fort Dix, New Jersey. He lined up every day until 15 November. He further states, in effect, that having never had a furlough he requested another furlough and was then advised that he had missed a shipment on 6 November. He was restricted until he could ship out and stayed in the barracks until they shut down. Week after week they gave a weekend pass to go home. He only had 35 points so he was not close to a discharge. This went on until 12 February, when he got very sick while at home. His father called Fort Dix and the officer told his father that he could come back when he felt better. He went back on a Wednesday and he was charged with 84 days of absence without leave (AWOL) and placed in the stockade. He later ended up in the hospital for 35 days with chronic bronchitis. He was shipped to Fort Dix, but got out on 27 July 1946 with the 84 days of lost time on his record.
3. The applicant provides no additional documentation 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 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 applicant's 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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The available military records show the applicant was inducted into the Army of the United States in pay grade E-1 on 29 August 1944 and entered active duty on the same day. He served overseas in the European theater of operations (ETO) from 15 January 1945 to 8 September 1945.
4. The applicant's available records contain a hospitalization file listing (page 60, microfiche 132), created by the Office of the Surgeon General and hospital admission cards for the year 1945, that shows the applicant was wounded in action while serving in the ETO. He was hospitalized on 22 February 1945 for 40 days and was returned to duty in April 1945. There is no other evidence in the available record showing he was hospitalized for any other reasons or periods during his service.
5. The applicant was honorably discharged from active duty in the rank of private on 27 July 1946 for the convenience of the government upon demobilization. An entry in item 55 (Remarks) of his WD AGO Form 53-55 shows he had 84 days of lost time due to AWOL.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was not AWOL for 84 days and wishes to have the AWOL removed from his WD AGO Form 53-55.
2. The applicant did not provide any evidence to show that the information recorded in item 55 of his WD AGO Form 53-55 is incorrect. There is no evidence to support his contention that his WD AGO Form 53-55 is in error and unjust; therefore, there is no basis for correction of the contested information.
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) AR20090009054
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