IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20100029631
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 Anzio Campaign (22 January - 24 May 1944) be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a separation date of 20 October 1945.
2. The applicant states the Anzio Campaign was not included on his WD AGO 53-55. He states he was wounded and awarded the Purple Heart at Anzio.
3. The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate, both dated 20 October 1945.
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 fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. The only record available to this Board is the applicants WD AGO Form 53-55 and his Honorable Discharge Certificate.
3. He enlisted in the Army of the United States on 9 December 1942 and entered active duty on 6 March 1943. He completed basic combat and advanced individual training and was awarded military occupational specialty 844 (Cannoneer).
4. He arrived in the European Theater of Operations on 8 October 1943. Item 32 of his WD AGO 53-55 indicates he participated in the following campaigns:
* Naples-Foggia - 9 September 1943 - 21 January 1944
* Rome-Arno - 22 January - 9 September 1944
* Southern France - 15 August - 14 September 1944
* Rhineland - 15 September 1944 - 21 March 1945
* Ardennes-Alsace - 16 December 1944 - 25 January 1945
* Central Europe - 22 March - 11 May 1945
5. He returned to the U.S. on 12 October 1945. His last organization listed on his WD AGO 53-55 is Battery C, 39th Field Artillery Battalion. However, there is no record available to show the dates he was assigned to this unit. Item 34 (Wounds Received in Action) indicates he received a right leg wound in Italy on 26 January 1944.
6. On 20 October 1945, he was honorably discharged.
7. A complete record of the units to which the applicant was assigned and the dates of his assignment was not available for review.
DISCUSSION AND CONCLUSIONS:
Due to the unavailability of a record of the applicant's units and dates of assignment, there is insufficient documentation to determine which campaigns the applicant participated in. Therefore, there is insufficient evidence or official documentation to make any change to Item 32 of the applicant's WD AGO 53-55.
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) AR20100029631
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029631
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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