IN THE CASE OF:	  

		BOARD DATE:	        6 January 2009 

		DOCKET NUMBER:  AR20080008986 


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 the date of his arrival in the European Theater of Operations (ETO) be corrected to 24 December 1943.

2.  The applicant states the WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) incorrectly shows that it took him 26 months to transfer from the Continental United States to the ETO.  The entry at block 32 (Service Outside Continental United States and return) should read 24 December 1943 not 1945.

3.  The applicant provides a copy of his WD AGO Form 53-98.

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, a commissioned Reserve officer, served on active duty during World War II from 19 July 1941 through 20 March 1946.

3.  His WD AGO Form 53-98, at block 32, shows a date of departure to the ETO of 27 October 1943 with arrival on 24 December 1945.  The next line shows departure from the ETO to the U. S. on 19 April 1945 with arrival on 21 April 1945.

4.  The applicant was credited with campaign credit for the Naples - Foggia campaign.  That campaign extended from 9 September 1943 through 21 January 1944.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the WD AGO Form 53-98 incorrectly shows that it took him 26 months to transfer from the Continental United States to the ETO.  The entry at block 32 should read 24 December 1943, not 1945.

2.  Campaign credit for the Naples - Foggia campaign indicates the applicant reached the ETO before 21 January 1944.

3.  The entry of the year 1945 in the first line of block 23 is clearly in error.  This typographical error should be corrected to show an arrival date of 24 December 1943, not 1945.

BOARD VOTE:

____X___  ____X__  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 showing, at block 32 on the WD AGO Form 53-98, that the applicant arrived in the European Theater of Operations on 24 December 1943.




      _______ _   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)                                         AR20080008986





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ABCMR Record of Proceedings (cont)                                         AR20080008986



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