IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010468
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 that his WD AGO Form 53-55 (Report of Separation) be corrected to show in block 36 that he departed for the European Theater of Operations (ETO) on 31 March 1944 instead of 31 May 1944 as currently reflected.
2. The applicant states that he departed for the ETO on 31 March 1944 and arrived on 8 April 1944; however, his WD AGO Form 53-55 incorrectly reflects that he departed on 31 May 1944 and arrived on 8 April 1944.
3. The applicant provides a copy of 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 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 the applicant's records were lost or destroyed in that fire. However, the document provided by the applicant is sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 17 February 1943 and entered active duty in Boston, Massachusetts on 24 February 1943. He completed his training and was transferred to the ETO where he served 2 years, 2 months, and 2 days before returning to Fort Dix, New Jersey where he was honorably discharged on 6 June 1946.
4. His WD AGO Form 53-55 shows in block 36 that he departed for the ETO on 31 May 1944 and arrived on 8 April 1944. It also shows that he departed the ETO on 23 May 1946 and arrived in the United States on 2 June 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he departed the United States for the ETO on 31 March 1944 instead of 31 May 1944 has been noted and found to have merit.
2. It is obvious that the applicant could not have left in May and arrived in April 1944 because he would have arrived before he departed. Additionally, his WD AGO Form 53-55 shows that he served 2 years, 2 months, and 2 days of foreign service and that he departed the ETO on 23 May 1946.
3. Accordingly, when one subtracts his foreign service from the date he departed the ETO it comes out to 31 March 1944. Accordingly, it is reasonable to presume that it was simply an administrative error made at the time of his discharge.
4. Accordingly, his WD AGO Form 53-55 should be corrected to show in block 36 that he departed for the ETO on 31 March 1944 instead of 31 May 1944.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry 31 May 44 from block 36 of his WD AGO Form 53-55 and entering the entry 31 Mar 44 in block 36 of his WD AGO Form 53-55.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20120010468
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ABCMR Record of Proceedings (cont) AR20120010468
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