IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100023224 


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 item 36 (Service Outside Continental United States) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he departed from Luzon to Japan and not to the United States on 2 October 1945. 

2.  The applicant states he was never in the United States in 1945; that he departed Japan on 13 January 1946 and landed at the Fort Lewis Army Base at Seattle, WA on 27 January 1946.  He further states he honorably served his country and wants his military record corrected.

3.  The applicant provides a self-authored letter to the National Personnel Records Center NPRC), dated 10 February 2010; and his WD AGO Form 53-55.

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  This case is being considered using reconstructed records maintained at the NPRC which include a DD Form 215 (Correction to DD Form 214), issued on 
18 March 2009; various miscellaneous documents remaining in the NPRC file; and the documents provided by the applicant.

3.  The applicant’s WD AGO Form 53-55 shows he entered active duty on 
17 July 1943.  He served for 2 years, 7 months, and 4 days of active service prior to his honorable discharge on 6 February 1946.  It further shows he held the rank of staff sergeant on the date of his separation and that this is the highest rank he attained while serving on active duty.

4.  Item 33 (Decorations and Citations), as corrected by a DD Form 215 resulting from a previous action by this Board, shows he earned the following awards during his active duty tenure:

* American Campaign Medal
* Asiatic-Pacific Campaign Medal with three bronze service stars and bronze arrowhead
* Philippine Liberation Medal with one bronze service star
* Army Good Conduct Medal
* World War II Victory Medal
* American Campaign Medal
* Philippine Presidential Unit Citation

5.  Item 36 of the WD AGO Form 53-55 shows he departed for the Asiatic-Pacific Theater of Operations (APTO) on 10 May 1944 and he arrived there on 2 April 1944.  It further shows he departed the APTO for the United States on 2 October 1945 and arrived there on 13 October 1945.  Item 37 (Total Length of Service) shows he completed a total of 1 year, 5 months, and 4 days of foreign service.

6.  Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), in effect at the time, prescribes the policy and procedures for the preparation and distribution of separation documents.  It states the source for information entered on the WD AGO Form 53-55 would be the service record and all documents on file in the official military record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he did not serve in the United States in 1945 and that instead of departing for the United States as indicated in item 36 of his WD AGO Form 53-55, he departed for Japan, where he served until 13 January 1946; therefore, item 36 should be corrected accordingly.  However, the available evidence is not sufficient to support this claim.

2.  The applicant’s service record is presumed lost in a fire in 1973 and the remaining NPRC file is void of any documents or records confirming his service in Japan from 2 October 1945 through 13 January 1946, as claimed.  Further, his WD AGO Form 53-55 shows not only that he departed for the United States on
2 October 1945, but item 37 (Total Length of Service - Foreign Service) shows he completed a total of 1 year, 5 months and 4 days of foreign service.

3.  The total overseas service documented in item 37 of the applicant's WD AGO Form 53-55 is the correct total arrived at by computing the date departed for the APTO (10 May 1944) and the date of arrival in the United States (13 October 1945).  Absent evidence to the contrary, it must be presumed the dates entered in item 36 were correctly transcribed from information contained in the applicant's military service record at the time of his separation from active duty.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief. 

4.  The applicant and all others concerned should know that this action related to his overseas service dates 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)                                         AR20100023224



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ABCMR Record of Proceedings (cont)                                         AR20100023224



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