ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  9 September 2019

	DOCKET NUMBER:  AR20180013559


APPLICANT REQUESTS:  to correct item 34 (Wounds Received in Action) on WD AGO Form 53-55 (Honorable discharge and enlisted Record and Report of Separation).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* WD AGO Form 53-55
* Honorable Discharge Certificate
* Certificate of Authenticity
* Self-Authored Note

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The FSM’s spouse states the FSM was injured in the Battle of the Bulge while crossing the Danube River during World War II.  She states the FSM had shrapnel in his arm until the day he died.  She notes his wounds were not listed in item 34 on WD AGO Form 53-55.

3.  The FSM’s spouse provides:

	a.  WD AGO Form 53-55 for the period 13 March 1942 to 3 December 1945 along with his honorable discharge certificate.  The Soldiers & Sailors Records of Jackson County, TX certified its authenticity on 5 December 1945.

	b.  Certificate of Death which shows the FSM’s date of death as 18 November 1969.

	c.  A self-authored note by the FSM which purportedly list when the FSM was injured.  However, the scan of the note is of poor quality and is difficult to read.  

4.  The FSM's entire 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 on 12 July 1973.  The fired destroyed the major portion of records of Army military personnel from the period 1912 through 1959.  The FSM’s military records are part of those military records that were believed to be lost or destroyed in the fire.  

5.  A review of the applicant’s service record shows:

	a.  FSM was a member of the U.S. Army from 13 March 1942 to 3 December 1945 and was honorably discharged as a technician fourth class.  NA Form 13038 (Certification of Military Service) was issued on 8 June 2006.  

	b.  WD Form 372 (Final Payment – Worksheet), issued on 27 November 1945, confirms his discharge date and rank.  

	c.  On 3 December 1945, he was released from active duty and issued an honorable discharge.  His WD AGO Form 53-55 shows he completed 3 years, 8 months, and 21 days of active service.  From 22 October 1944 to 4 November 1944 he had service in European-African-Middle Eastern and Asiatic-Pacific (EAME) and participated in the Battle of Rhineland.  It also shows he was awarded or was authorized the:

* American Theater Campaign Medal
* EAME Campaign Medal with Two Bronze Stars
* Good conduct Medal
* Victory Ribbon
* Service Stripe
* Overseas Service Bars (Two)

6.  There is no evidence found in the FSM's military records indicating he was injured or wounded as a result of hostile action.  Nothing in several typical sources are available for the Board to review which would show he was wounded or injured as a result of hostile action.  

	a.  His medical records, which would have listed any injuries and treatment, are not available for the Board to review with this case.  

	b.  His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time.

7.  By regulation, WD AGO Form 53-55 will be prepared at the time of separation.  All entries are to apply only to the current period of active duty.  If no entries are applicable, enter “none” or “not available”.  In item 34, the date wounded and theater where the wound was sustained in should be entered.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  The FSM’s record is void evidence that shows he was wounded in action.  Evidence of record shows the FSM’s WD AGO 53-55 did not reflect he was wounded, and he authenticated the form with his signature upon separation.  The Board agreed there is insufficient evidence to grant relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.

REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Technical Manual 12-236 (Preparation of Separations), in effect at the time, states WD AGO Form 53-55 (Honorable Discharge and Enlisted Record and Report of Separation) will be prepared at the time of separation.  All entries are to apply only to the current period of active duty.  If no entries are applicable, enter “none” or “not available”.  In item 34 (Wounds Received in Action) the date wounded and theater where the wound was sustained in should be entered.  The following records are used as a basis for the preparation of WD AGO Form 53-55:

* WD AGO Form 24 (Service Record)
* WD AGO Form 20 (Qualification Record)
* WD AGO Form 8-117 (Immunization Register)
* WD AGO Form 40 (Certificate of Disability for Discharge), when applicable
* Citations
* General court-martial orders, when applicable
* WD AGO Form 100 (Army Separation Qualification Record), when applicable

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180013559


3


1