IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120021374
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, in effect, his arrival and departure dates in the European theater of operations (ETO) be changed.
2. The applicant states through his nephew:
* he arrived in the ETO on the United States Ship Uruguay around 21 June 1944 with the 83d Infantry, which was about 15 days after D-Day (6 June 1944)
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation- Honorable Discharge) shows him arriving in the ETO on 21 January 1945 which is a 7-month difference
* the applicant has always maintained he was missing a few battle stars
* the applicant was assigned to the 106th Infantry during basic training at Fort Jackson, SC and he remained with this unit during the Tennessee Maneuvers until a few months before D-Day
* he was assigned to the 89th Infantry at some point, but it was determined that the 89th Infantry was not part of the D-Day invasion
* the applicant believes he may have been assigned to the 83d Infantry right before they landed in Normandy
* it is possible a clerical error occurred and the applicant was never switched to the 83rd Infantry on paper
* the 89th Infantry arrived in France 7 months after the 83d Infantry
3. The applicant provides:
* self-authored statements from his nephew
* WD AGO Form 53-55
* Honorable Discharge Certificate
* 1 photograph
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 and medical 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 the applicant's records were lost or destroyed in that fire. The case is being considered using the WD AGO Form 53-55 provided with the application.
3. The applicant's WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States (AUS) on 27 February 1943 and entered active duty on 6 May 1943
* he was awarded military occupational specialty 641 (Field Lineman)
* he was credited with participation in the Central Europe and Rhineland campaigns
* he was awarded the:
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal
* he served in the Continental United States (CONUS) for 1 year and 10 days
* he was credited with 1 year, 2 months, and 10 days of foreign service
* he departed the United States on 10 January 1945 and arrived in the ETO on 21 January 1945
* he departed the ETO on 10 March 1946 and arrived in the United States on 19 March 1946
* he was assigned to Headquarters Battery, 89th Infantry Division Artillery
* he was honorably discharged in the rank/grade of private first class/E-3 on 23 March 1946 for the convenience of the Government (demobilization)
4. War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provided uniform procedures in discharging or releasing personnel from active duty. The instructions for completing the Report of Separation (WD AGO Form 53-55) stated that the form was to be completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his arrival and departure dates in the ETO were carefully considered.
2. The evidence of record shows the applicant was issued a WD AGO Form
53-55 upon his discharge on 23 March 1946. There is a presumption of Government regularity attached to the WD AGO Form 53-55.
3. The applicant's WD AGO Form 53-55 shows he entered active duty on 6 May 1943 and completed 1 year and 10 months of CONUS service. This period of coincides with his service prior to his overseas departure and his overseas arrival time. However, the time between his overseas arrival time and overseas departure time appears to be in conflict with the 1 year, 2 months, and 10 days of foreign service he was credited with. Regrettably, insufficient evidence has been presented that either confirms or refutes the entries with regard to his overseas service.
4. In view of the above, there is insufficient evidence upon which to grant 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) AR20120021374
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ABCMR Record of Proceedings (cont) AR20120021374
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