BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20120021816 


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, through a Member of Congress, requests:

	a.  correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his foreign service as 31 months instead of 11 months and 3 days; and

	b.  correction to item 6 (Date of Entry into Active Service) of his WD AGO Form 100 (Army of the United States – Separation Qualification Record) to show the entry 17 January 1941 instead of 17 January 1945.

2.  The applicant states the dates on his WD AGO Form 53-55 and WD AGO Form 100 do not agree.  In addition, the dates of arrival and departure from the European Theater of Operations (ETO) are in error.

3.  The applicant provides his WD AGO Form 53-55 and WD AGO Form 100.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant’s record be corrected as identified above.

2.  Counsel states:

	a.  The applicant's WD AGO Form 100 shows his date of entry into active service as 17 January 1945.  It should read 17 January 1941, which would match his date of induction into the Army of the United States located in item 22 (Date of Induction) of his WD AGO Form 53-55.

	b.  The applicant's continental service located in item 37 (Total Length of Service) of his WD AGO 53-55 shows 4 years, 0 months, and 6 days with
11 months and 3 days of foreign service.  The applicant states he went into the service on 17 January 1941 and he was on leave in December 1941 when Japan attacked Pearl Harbor.  He was ordered to report to California after Christmas and he was subsequently sent to paratrooper school.  Midway through June 1943, he was shipped overseas and he remained there for 31 months (this is also noted on his WD AGO Form 100).

	c.  The applicant feels his continental service should read approximately
2 years, 4 months, and 15 days and his foreign service should read approximately 2 years and 7 months.  This would appear to agree with his induction date of 17 January 1941 and his date of discharge on 25 December 1945.

	d.  The applicant believes the dates in item 36 (Service Outside the Continental United States and Return) of his WD AGO Form 53-55 that show he departed for the ETO on 18 January 1945 and he arrived in the ETO on
29 January 1945 are also incorrect; however, his date of departure from the ETO and arrival in the Continental United States (CONUS) appear correct.

3.  Counsel provides no additional evidence.

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 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant 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 and entered active service on 17 January 1941.  His most significant unit of assignment was Headquarters Battery, 790th Field Artillery Battalion.  He was honorably discharged on 25 December 1945 after completing 4 years, 11 months, and 9 days of total active service.  He held the rank of corporal on the date of his separation.

4.  His WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 32 (Battles and Campaigns) shows he participated in the Central Europe campaign.

	b.  Item 36 shows he:

* departed CONUS on 18 January 1945 and arrived in the ETO on
29 January 1945
* departed the ETO on 11 December 1945 and arrived back in CONUS on 20 December 1945

	c.  Item 37 shows he performed 4 years and 6 days of service in CONUS and 11 months and 3 days of foreign service.

5.  The applicant provides a WD AGO Form 100 that shows his date of entry into active service as 17 January 1945.  This form also states the applicant served with Headquarters Battery, 790th Field Artillery Battalion for 31 months in the ETO.

6.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records has been carefully examined and found to have partial merit.

2.  With regard to correcting item 6 of his WD AGO Form 100 to show he entered into active service on 17 January 1941 instead of 1945, his WD AGO Form 53-55 indicates he was inducted into the Army of the United States and entered active service on 17 January 1941.  Therefore, he is entitled to correction of his WD AGO Form 100 by issuing an appropriate document showing the date he entered active service as 17 January 1941.

3.  With regard to correcting his WD AGO Form 53-55 to show his foreign service as 31 months instead of 11 months and 3 days, item 36 of his WD AGO Form 53-55 shows he departed CONUS for the ETO on 18 January 1945 and he returned to CONUS on 20 December 1945, a period of 11 months and 3 days.  Although the applicant claims he spent 31 months in the ETO as represented on his WD AGO Form 100, the information present in this document has proven to be in error as evidenced by the incorrect date listed in item 6.  The applicant's records do not contain any evidence nor did the applicant provide any additional evidence to corroborate his claim.  In view of the foregoing, there is an insufficient evidentiary basis for changing the date entries contained in item 36 or changing the length of foreign service in item 37 of his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  __X_____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him an appropriate document to correct his WD AGO Form 100 to show the date he entered active service as 17 January 1941.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the entries contained in item 36 or item 37 of his WD AGO Form 53-55.



      _________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)                                         AR20120021816



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ABCMR Record of Proceedings (cont)                                         AR20120021816



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