IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090019077
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 the organization shown in block 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be changed from "CO H 35TH INF" [Company H, 35th Infantry Regiment] to "CO F 35TH INF" [Company F, 35th Infantry Regiment].
2. The applicant states the correction is required because his organization as shown is wrong.
3. The applicant provides a copy of a page from paragraph 107, Special Orders 300, Headquarters, Fort Sheridan, IL, dated 1 November 1946, and he suggests the Board look at his pay records.
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 (NPRC) 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 for the Board to conduct a fair and impartial review of this case. Those records consisted of his:
* WD AGO Form 53-55 showing assignment to Company H, 35th Infantry Regiment
* WD AGO Form 100 (Separation Qualification Record)
* WD Form 372-B (Final Payment Work Sheet)
3. Available records his WD AGO Form 53-55 show the applicant was inducted into the Army of the United States on 14 February 1945 at Chicago, IL. Following completion of all required military training, he was transferred to the Pacific theater of operations (PTO), departing the continental United States (CONUS) on 18 August 1945 and arriving in the PTO on 12 September 1945. He performed occupation duty in Japan with the 35th Infantry Regiment, 25th Infantry Division, until 8 October 1946 when he departed the PTO for CONUS. He arrived in CONUS on 19 October 1946 and was stationed at Fort Sheridan, IL, from which he was honorably discharged on 15 December 1946. The applicant signed his WD AGO Form 53-55 in block 56 (Signature of Person Being Separated).
4. The applicant was mustered out of the Army of the United States at the Separation Center, Fort Sheridan. His WD Form 372-B shows he was paid $135.55 at discharge. The form does not list a unit of assignment, only the applicant's name, rank, and serial number.
5. The document provided by the applicant does not offer any information relevant to his request.
6. The post-World War II history of the 35th Infantry Regiment shows it left Luzon for Japan in September 1945. The 25th Infantry Division was assigned an occupation sector in the south central area of the island of Honshu with the division headquarters located in the city of Osaka. The 35th Infantry Regiment initially took up occupation duties in the city of Nagoya. In January 1946, the 35th Infantry Regiment was transferred to the city of Otsu where it conducted occupation duties until July 1950.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his WD AGO Form 53-55 to show he served with Company F, 35th Infantry Regiment.
2. The applicant's complete service record is not available. The available records do not provide any evidence to support a change of organization in block 6 of his WD AGO Form 53-55.
3. It is unfortunate the applicant signed an incorrect WD AGO Form 53-55 back in December 1946. It is also unfortunate he waited 63 years before attempting to correct his record. The passage of time and the fire at the NPRC in 1973 make it impossible to verify the applicant's claim in order to correct the record.
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 our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20090019077
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090019077
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