IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001678
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 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his foreign service in Korea.
2. The applicant states he was reassigned from Okinawa to Korea in September 1945. He spent from September to December 1945 in Korea. The first week of December 1945, he sailed from Korea to the United States; however, none of his service in Korea is recorded on his discharge.
3. The applicant provides his WD AGO Form 53-55 and a military pass.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant provided his WD AGO Form 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 23 March 1943 and he entered active service on 30 March 1943 at Fort Hayes, OH. He held military occupational specialty 405 (Clerk Typist) and he was assigned to Headquarters Battery, 504th Anti Aircraft Artillery Gun Battalion.
4. He was honorably discharged on 4 January 1946 at Camp Atterbury, IN. He completed 1 year and 19 days of service in the continental United States (CONUS), and 1 year, 8 months, and 16 days of foreign service in the Asiatic-Pacific Theater of Operations.
5. His WD AGO Form 53-55 shows he departed CONUS on 11 April 1944 and he arrived in the Asiatic-Pacific Theater of Operations on 18 April 1944. He departed the Asiatic-Pacific Theater of Operations on an unknown date and arrived back in CONUS on 26 December 1945.
6. This WD AGO Form 53-55 also shows in Item 32 (Battles and Campaigns) he participated in the Southern Philippines and the Ryukyus campaigns.
7. The applicant provides a pass issued by the Military Government Headquarters, Bureau of Police, Seoul, Korea, dated 19 October 1945, wherein it shows he was assigned to Military Government Headquarters and he was not required to observe curfew regulations.
8. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, prescribed the preparation of separation documents prepared for Soldiers upon retirement, discharge, or release from active military service. It stated on the WG AGO Form 53-55 for service outside CONUS (OCONUS), enter the dates of departure and arrival and the destination (theater of operations). There were no provisions for entering the specific countries a Soldier served in during his service OCONUS.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in the Asiatic-Pacific Theater of Operations from April 1944 to December 1945. Although he may have served in Korea during his service in the Asiatic-Pacific Theater of Operations, there are no provisions in the governing regulation to list the specific countries a Soldier served in during his service in World War II on the WD AGO Form 53-55. 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) AR20120001678
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ABCMR Record of Proceedings (cont) AR20120001678
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