BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140007664
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 (Enlisted Record and Report of Separation-Honorable Service), ending on 26 August 1949, to show his foreign service in Korea.
2. The applicant states, in effect, he completed one year of foreign service in Korea but it is not listed on his WD AGO Form 53. He got out on a hardship discharge. He also escorted veterans who had been killed in Korea and he arrived home in Bangor, ME. He would like the record complete for his children.
3. The applicant provides his WD AGO Form 53.
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 complete 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 his records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record to conduct a fair/impartial review of this case.
3. The applicant's WD AGO Form 53 shows he enlisted in the Regular Army and entered active duty at Fort Banks, MA, on 14 August 1947. This form also shows at the time of separation, he held military occupational specialty 931 (Truck Driver) and he was assigned to the 583rd Ordnance Service Company, Army Post Office 503 (Yokohama, Japan).
4. His WD AGO Form 53 shows he departed the continental United States (CONUS) on 7 January 1948 and arrived in THE Asiatic-Pacific Theater (APT) on 13 (or 23) January 1948. He departed the APT on 8 August 1949 and arrived in CONUS on 8 (or 18) August 1949.
5. He completed 5 months and 1 day of continental service and 1 year, 7 months, and 12 days of foreign service. He was honorably discharged by reason of dependency or hardship on 26 August 1949.
6. His WD AGO Form 53 shows in:
* item 33 (Decorations and Citations) the Army of Occupation Medal (Japan)
* item 41 (Service Schools Attended), completion of the 8-week automotive mechanic course at 8th Army School in Japan
7. There is no indication in the applicant's available records he served in Korea.
8. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24 that item
6 (Organization) of the WD AGO Form 53 be completed as follows:
a. Item 6, enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity. Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity.
b. Item 36 (Service Outside Continental U.S. and Return) shows the dates of departure from CONUS and arrival overseas and the destination.
DISCUSSION AND CONCLUSIONS:
The applicant's WD AGO Form 53 shows he served in the APT from on or about 8 (or 18) January 1948 to 8 August 1949. There is insufficient evidence to show the applicant served in Korea. But even if there had been, the regulation in effect at the time required item 36 to show the dates of departure from CONUS and arrival overseas and the destination. In the absence of evidence to the contrary, it is presumed this entry is correctly shown on his WD AGO Form 53 and there is no reason to change it.
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) AR20140007664
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ABCMR Record of Proceedings (cont) AR20140007664
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