BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20090017801
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 reconsideration of the Board's denial of his previous request for correction of his records to show "Korea" in item 36 (Service Outside Continental U.S. and Return) of his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. The applicant states that in the Board's previous Record of Proceedings, item 6 shows the dates of "21 September 1945, and 8 October 1945" and these dates should be "21 September 1946, and 8 October 1946." He further states that his WD AGO Form 100 (Separation Qualification Record) shows he served in Korea for 11 months in 1945 and 1946.
3. The applicant provides a photocopy of a newspaper clipping.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080012087, on 2 October 2008.
2. The photocopy of the newspaper clipping provided by the applicant is new evidence, which warrants consideration by the Board.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 11 January 1945. He was trained in and awarded military occupational specialty (MOS) 745 (Rifleman) and later MOS 442 (Musician). The highest rank/grade he held during his military service was private first class (PFC)/E-3.
4. The applicant's WD AGO Form 53-55 shows he completed 6 months and 25 days of continental service and 1 year, 3 months, and 27 days of foreign service. This document also shows that he was assigned to the 27th Special Service Company on the date of his separation.
5. The applicant's WD AGO Form 53-55 shows he departed the United States on 12 June 1945 and arrived in the Central Pacific Area of Operations (CPO) on 19 June 1945. He then departed the CPO on 30 June 1945 and arrived in the Western Pacific Theater of Operations (WPTO) on 5 August 1945. He departed the WPTO 21 September 1946 and arrived in the United States on 8 October 1946.
6. The applicant's WD AGO Form 100, item 13 (Title-Description-Related Civilian Occupation) contains the entry, "MUSICIAN (442): Served with the 27th Special Services Company as musician for about 11 months of 1945 and 1946 in Korea. Played accordion in band. Also played solos."
7. War Department Technical Manual 12-236 (Preparation of Separation Forms) prescribes that for item 36 of the WD AGO 53-55; enter date of departure, destination, and date of arrival for each movement between theaters and between a theater and the United States.
DISCUSSION AND CONCLUSIONS:
1. The applicant is correct in that the Board erred on identifying the date of his departure from the WPTO and the date of his arrival in the United States on his WD AGO 53-55, item 6 and in its statement that there is no indication he stopped in Korea. However, the regulatory policy prescribes that in item 36 of the WD AGO Form 53-55 the date of departure, destination, and date of arrival for each movement between theaters and between a theater and the United States will be entered. Specific countries are not listed in this item. As such, the entries in item 36 of his WD AGO Form 53-55 are presumed to be administratively correct. Therefore, the Board's errors were harmless as it did not result in the applicant's request being improperly denied.
2. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080012087, dated 2 October 2008.
__________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) AR20090017801
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ABCMR Record of Proceedings (cont) AR20090017801
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