IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100018740
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 removal of the time lost entry in his record.
2. The applicant states while serving as a combat medical corpsman (MEDIC) during World War II (WWII) he was directed by a sergeant to accompany another Soldier to where there was a wounded Soldier and attend to him. He claims while attending to the wounded Soldier, they came under artillery attack and he took shelter in an abandoned house close by.
3. The applicant states after the attack, he was returned to where his unit had been and they were gone. He claims he asked members of other Army units passing by where they had gone and they pointed in a general direction. He states he walked the rest of that day and slept that night alone in the middle of nowhere. He claims the next day he proceeded in the direction for approximately two hours before finding his unit.
4. The applicant claims upon his return to his unit, he spoke to the company commander about the event and he advised him of the seriousness of going absent without leave (AWOL) in combat but took no formal action other than having him see the company clerk. He informed the clerk he was not AWOL but that the unit left him behind. He states while it might just be an indiscriminate entry on his discharge papers, it is important to him that his service record be accurate.
5. The applicant provides a self-authored statement 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 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 record is 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 applicants records were lost or destroyed in that fire. This case is being considered using the applicants AGO Form 01254 (Transcript of Military Record), dated 5 July 1948, and miscellaneous documents remaining in the NPRC file.
3. The applicants AGO Form 01254 shows he was inducted into the Army on
3 February 1943, and entered active duty on 10 February 1943. He served in military occupational specialty (MOS) 657 (Medical Aid Man) and attained the rank of Technician Five (TEC 5), which is the highest rank he held while serving on active duty.
4. Item 31 (Service Outside the Continental United States and Return) of the applicants AGO Form 01254 shows he served in the European Theater of Operations from 18 June 1944 through 6 October 1945. The document further shows he participated in the Ardennes, Central Europe and Rhineland campaigns of WWII and that he earned the following awards during his active duty tenure:
* European-African-Middle Eastern Campaign Medal with 3 bronze service stars
* Army Good Conduct Medal
* WWII Victory Medal
5. Item 35 (Remarks) of the AGO Form 01254 contains an entry indicating the applicant accrued 1 day of time lost during his active duty tenure.
6. On 8 December 1945, the applicant was honorably separated by reason of demobilization after completing 2 years, 9 months and 28 days of creditable active military service and accruing 1 day of time lost.
7. There are no documents in the applicants NPRC file related to time lost and/or AWOL.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his record should be corrected to remove any entries showing time lost has been carefully considered. However, there is insufficient evidence to support this claim.
2. The applicants NPRC file and the independent evidence provided by the applicant fail to provide any documentation supporting his assertion that the time lost entry on his AGO Form 01254 is erroneous and should be removed. Absent any documentary evidence supporting his claim, there is an insufficient evidentiary basis to support granting the requested relief.
3. The applicant and all others concerned should know this action related to removal of the time lost entry on his AGO Form 01254 in no way diminishes the sacrifices made by him 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) AR20100018740
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ABCMR Record of Proceedings (cont) AR20100018740
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