IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100010945
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 (Enlisted Record) to reflect the engagements/skirmishes he took part in and any medals he is due.
2. The applicant states, in effect, he:
* He was injured by shrapnel, developed dysentery, and was eventually transferred to Perry Point Hospital, MD where he was discharged
* He served in the Asiatic-Pacific Theater and participated in several engagements/skirmishes
3. The applicant provides the following:
* A timeline of his service
* His WD AGO Form 53
* His WD AGO Form 55 (Honorable Discharge Certificate)
* A copy of a record of deed
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 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 his 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.
3. His WD AGO Form 53 shows he was inducted into the Army of the United States 10 April 1943. His record shows he served in the Southwestern Pacific Theater from 4 February to on or about 4 July 1944.
4. On 13 September 1944, he was honorably discharged at Darnall General Hospital, Danville, KY. His available record confirms he served a total of 1 year, 5 months, and 4 days of creditable active service with no lost time.
5. His WD AGO Form 53, battles, engagements, skirmishes, and expeditions: contains the entry none recorded.
6. The entry for decorations, service medals, citations, includes the Asiatic-Pacific Theater Medal and the Good Conduct Medal.
7. The entry for wounds received in action is, none recorded.
8. The timeline the applicant provides indicates he served in New Guinea and was sent aboard a destroyer to invade the Admiralty Islands. He was eventually hospitalized, sent back to the United States, and discharged from Perry Point Hospital, MD.
9. In addition, he provides a copy of his WD AGO Form 53, WD AGO Form 55, and a copy of a page from the Recorder of Deeds, Allegheny County, PA, indicating he filed a copy of his discharge on 19 October 1944.
10. Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures), in effect at the time, prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the WD AGO Form 53 and WD AGO Form 55. In pertinent part, it states all entries apply only to the current period of active duty. When entries are not applicable, enter None or Not Available. Entries will adhere as closely as possible to examples presented in order to ensure uniformity in execution of the forms.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53 should be corrected to reflect the engagements, and/or skirmishes he participated in. However, there is no evidence in the available records, nor did he provide any corroborating evidence, to indicate he took part in any battle, engagement, or skirmish during his period of military service.
2. In the absence of any documentary evidence such as operational reports, after action reviews, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in a particular battle, engagement, or skirmish, it must be presumed that his records accurately reflect his service. Therefore, regrettably, he is not entitled to the requested relief.
3. Nevertheless, 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.
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) AR20100010945
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100010945
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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