RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2008 DOCKET NUMBER: AR20070018826 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, as the widow of a deceased former service member (FSM), requests that her husband’s records be corrected to show an unspecified citation given to the 672nd Amphibian Tractor Battalion. 2. The applicant states, in effect, that the FSM’s unit was subjected to the same risks and dangers as the units that received the citations but the FSM’s unit did not receive any recognition. The applicant states that the 672nd Amphibian Tractor Battalion is entitled to be included in the citation given to companion units of the 11th Airborne. 3. The applicant provides a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), the FSM’s Honorable Discharge Certificate, and the FSM’s death certificate. The applicant indicates she submitted copies of news items, covers of several books written, and a notice of video documentaries concerning the rescue operation in support of her application; however, these documents are not available. 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 FSM’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 FSM’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The FSM was inducted into the Army of the United States (AUS) on 19 January 1943. He served in the Asiatic-Pacific Theater of Operations from 8 July 1945 through 30 January 1946. 4. The FSM was honorably discharged on 23 February 1946. His WD AGO Form 53-55 shows the American Theater Ribbon, the Asiatic-Pacific Theater Ribbon, the Philippine Liberation Ribbon, the Good Conduct Medal, and the World War II Victory Medal as authorized awards. 5. Item 6 (Organization) on the FSM’s WD AGO Form 53-55 shows he was assigned to Company B, 673rd (sic) Amphibian Tractor Battalion at the time of his discharge. 6. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document does not show that the 672nd Amphibian Tractor Battalion was cited for any unit awards or citations. 7. Department of the Army Pamphlet 672-1 does not list the 673rd Amphibian Tractor Battalion as a unit which served during World War II. DISCUSSION AND CONCLUSIONS: 1. The Department of the Army Pamphlet 672-1 does not show the 672nd Amphibian Tractor Battalion was cited for any unit awards or citations during World War II. 2. There is insufficient evidence which indicates the FSM’s unit, 672nd Amphibian Tractor Battalion, was cited for any unit awards or citations during World War II. Regrettably, there is no basis for granting the applicant’s request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING XX______ XX______ XX_____ 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 FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSM’s service in arms. XX_______ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018826 4 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508