IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011615
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 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show in block 32 (Battles and Campaigns) that he served in the Battle of Biak to replace the entry (1 battle unavailable).
2. The applicant states that the entry of (1 battle unavailable) should be replaced with the entry Battle of Biak.
3. The applicant provides a copy of his WD AGO Form 53-55 and six pages of an article regarding the 41st Infantry Division in the Asiatic-Pacific-Theater of Operations (APTO).
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 documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted in Dallas, Texas on 27 September 1941. He completed his training and departed for the APTO on 19 March 1942. He was awarded the Combat Infantryman Badge (CIB) on 23 January 1943 and was awarded the Purple Heart in General Orders Number 14 issued by Headquarters, 163rd Infantry Regiment on 30 August 1944.
4. He departed the APTO on 1 December 1944 and on 19 September 1945 he was honorably discharged at Fort Sam Houston, Texas as a member of the Army Air Force (AAF).
5. His WD AGO Form 53-55 issued at the time of his discharge shows that he was awarded the CIB, American Defense Service Medal, Asiatic-Pacific Campaign Medal with four bronze service stars, Distinguished Unit Badge, Good Conduct Medal, and the Purple Heart. It also shows participation in the Papua, Bismarck Archipelago and New Guinea campaigns and contains the entry (1 battle unavailable).
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (163rd Infantry Regiment, 41st Infantry Division) was granted campaign participation credit for the Papua, New Guinea, Luzon and Southern Philippines Campaigns. The New Guinea campaign ran from 24 January 1943 to 31 December 1944 and the Southern Philippines campaign ran from 27 February to 4 July 1945.
7. The Battle of Biak was part of the New Guinea campaign of World War II and was fought from 27 May to 22 June 1944.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his WD AGO Form 53-55 should be corrected to replace the entry (1 battle unavailable) with The Battle of Biak has been noted.
2. The Battle of Biak was part of the New Guinea campaign and is therefore already reflected on his WD AGO Form 53-55.
3. Unfortunately, the loss of his records in the 1973 fire makes it difficult at best to determine what, if any, entry should be on his WD AGO Form 53-55. However, it has been determined that it could not be the Southern Philippines campaign, the last campaign his unit was credited with, because he departed the APTO before that campaign began.
4. Therefore, it is more likely that he only participated in three campaigns. However, it has been a long standing policy of the Board that applicant will not be made worse off by applying to the Board.
5. Accordingly, in the absence of evidence to show otherwise, it does not appear that there is sufficient evidence to grant his request at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II. 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) AR20120011615
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011615
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