IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100008873
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, correction of his records to show credit for serving on Midway Island as a volunteer from 7 December 1941 through (the ending period is not clear).
2. The applicant states his service credit for Midway Island was left off of his military records.
3. The applicant provides the following documents:
* a Standard Form (SF) 180 (Request Pertaining to Military Records)
* a "Contract of Employment" letter, dated 24 September 1941
* a transmittal letter for pay, dated 2 March 1942
* an AGO Form 01071 (Certificate of Service)
* an AGO Form 01254 (Transcript of Military Record)
* an AGO Form 100 (Separation Qualification Record)
* an AGO Form 55 (Honorable Discharge Certificate)
* A copy of a certificate of training, Infantry Replacement Training Center, Camp Roberts, California
* a WD AGO Form 0650C (Appointment to First Lieutenant, Infantry) certificate
* an Honorable Discharge Certificate
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 reconstructed record which contains copies of partially burned segments was provided by the National Personnel Records Center (NPRC). A fire destroyed approximately 18 million service members records at the NPRC in 1973. It appears that the applicants records were destroyed in that fire. However, this case is being considered using the reconstructed records, which primarily consist of a copy of a National Archives (NA) Form 13038 (Certification of Military Service) and the documents the applicant provided in support of his request.
3. The applicant provides a copy of an Honorable Discharge Certificate. This certificate which was signed by a colonel in the 38th Infantry indicates the applicant was discharged from the Army on 15 December 1938. There is no date of entry listed on this form.
4. The applicant provides a copy of a contract of employment to perform work as a roofer on the Pacific Islands/Midway Island. He was hired as a salaried employee by the Hawaiian Dredging Company, LTD. He earned $185.00 per month commencing on 24 September 1941. The applicant agreed to the terms and conditions of the contract by placing his signature on the document.
5. A copy of an AGO Form 01254 shows he served as an Infantry Unit Commander in France during the period 28 November 1945 through 21 August 1946. This form does not show any other foreign service.
6. The applicant also provides an copy a SF 180 in which he requested the NPRC locate his service records for the following periods:
* 10 November 1936 through 15 December 1938
* 30 June 1944 through 13 June 1947
* 7 December 1941 through (ending period not clear)
7. An NA Form 13038 shows he was an enlisted member of the Army of the United States (AUS) during the period 30 June 1944 through 1 April 1945 and an officer of the AUS during the period 2 April 1945 through 13 June 1947. His official records are void of any other dates of military service.
8. The Department of Defense Pay Manual (DODPM), paragraph 10101. (Service Creditable) provides, in pertinent part, a listing of organizations and military statuses which are creditable for service. Work as a volunteer contractor is not creditable service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show service credit for his Midway Island service was carefully considered; however, the evidence does not support this contention.
2. The available evidence shows the only service the applicant performed on the Pacific Islands/Midway Island was during the period 7 December 1941 through 29 June 1944. It appears the applicant volunteered to work with a civilian contractor. He had no military affiliation during this period. In accordance with the DODPM work, as a volunteer contractor is not creditable service. As such, there is no evidence that an error exists in his records. Therefore, he is not entitled to the 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 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) AR20100008873
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) ARMY | BCMR | CY2008 | 20080017380
The applicant provides copies of an extract of Enlisted Record, recorded on 26 March 1945; WD AGO Form Number 55 (Army of the United States Honorable Discharge), dated 3 March 1944; DA Form 1569 (Transcript of Military Record), issued on 9 August 1974; National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), dated 17 April 2006; and National Personnel Records Center (NPRC), Military Personnel Records (MPR), St. Louis, Missouri, letter, dated 27...
ARMY | BCMR | CY2012 | 20120006065
The applicant, the son of a deceased former service member (FSM), requests award of Army Commendation Medal (ARCOM) for non-combat related heroic achievement to his late father and its addition to his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). The applicant provides: * FSM's 1937 and 1938 Citizen's Military Training Camp certificates * FSM's 1937 Special Commendation for Merit certificate * FSM's Civilian Conservation Corps Honorable...
ARMY | BCMR | CY2013 | 20130002019
The applicant requests, in effect, award of the Bronze Star Medal, Combat Infantryman Badge, and the Glider Badge and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show these awards. The evidence of record confirms the applicant was awarded the Combat Infantryman Badge during his service in World War II; therefore, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award. As a...
ARMY | BCMR | CY2014 | 20140006459
He is providing letters from the National Personnel Records Center (NPRC) that confirms he qualified for the Bronze Star Medal, Combat Infantryman Badge, Asiatic-Pacific Campaign Medal, World War II Victory Medal, Honorable Service Lapel Button-WWII, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. His WD AGO Form 100 confirms he served in combat against an enemy force while a member of the rifle squad, 382nd Infantry Regiment. As a result, the Board recommends that...
ARMY | BCMR | CY2005 | 20050003154C070206
The "SGO Files Report," was reviewed for any information that the applicant was wounded in action while he served in the PTO. The evidence shows that the applicant was wounded in action two times while he served in World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart, with oak leaf cluster, or the second wound he sustained in action against the enemy on Cebu Island,...
ARMY | BCMR | CY2001 | 2001062127C070421
APPLICANT REQUESTS: In effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Philippine Defense Ribbon and the Philippine Independence Ribbon. APPLICANT STATES : That his unit, the 226th Field Artillery (FA) Battalion (Bn), was part of the XXIV Corps during the Leyte Campaign. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record,...
ARMY | BCMR | CY2010 | 20100024258
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of two battle stars and correction of his NA Form 13038 (Certification of Military Service) to show his last grade held was Technical Sergeant and military occupational specialty (MOS) 502 (Sergeant Major). The applicant's military service records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2004 | 20040010703C070208
The applicant requests, in effect, correction of his military records to show his organization as Company K, 389th Infantry Regiment, and award of the Army of Occupation Medal for his service in Japan during World War II. The applicant's military service record does not show award of the European-African-Middle Eastern Campaign Medal. Therefore, the applicant is entitled to correction of his military service records to show his organization of assignment as Company K, 389th Infantry Regiment.
ARMY | BCMR | CY2014 | 20140000098
The applicant requests correction of his records to show: * his induction date as 10 June 1944 instead of 11 June 1945 * award of the Combat Infantryman Badge and Bronze Star Medal 2. The available evidence is insufficient as a basis upon which to correct the applicant's records to show his induction date as 10 June 1944 and award him the Combat Infantryman Badge and Bronze Star Medal. Although the Bronze Star Medal is awarded to individuals who were authorized the Combat Infantryman Badge...
ARMY | BCMR | CY2001 | 2001062162C070421
The applicant requests, in effect, that his service from 14 July 1942 to 27 June 1947, be recognized as service in the Army of the United Service (AUS) as a commissioned officer. The applicant was inducted into the AUS on 14 July 1942. An original WD Form 384 (War Department Officers’ Pay, Allowances, and Mileage Voucher), paid on 29 June 1947, shows that the applicant was an AUS first lieutenant in the infantry who entered active duty on 14 July 1942, from “Babadi, Nueva Vizcaya,”...