RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 November 2007 DOCKET NUMBER: AR20070009348 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. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Ms. Margaret K. Patterson Chairperson Mr. Larry C. Bergquist Member Mr. Dale E. DeBruler 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 requests that item 22 (Date of Induction) and item 24 (Date of Entry into Active Service) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to read 27 March 1946. 2. The applicant states that items 22 and 24 of his WD AGO Form 53-55 are incorrect. 3. The applicant provides a copy of his WD AGO Form 53-55. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests that the applicant’s WD AGO Form 53-55 be corrected. 2. Counsel states that the Department of Veterans Affairs has determined that the applicant’s service does not make him eligible for benefits. It is counsel’s opinion that the reason the service does not qualify for a benefit is because of an error that was made on the WD AGO Form 53-55. 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. Item 22 and 24 of the applicant’s WD AGO Form 53-55 show he was inducted into the Army on 27 March 1947 and entered active service on 27 March 1947. However, item 31 (Military Qualification and Date) shows he qualified with the M-1 Rifle in August 1946. Item 36 (Service Outside Continental U. S. and Return) shows he departed the States on 7 November 1946. 4. Item 37 (Total Length of Service) of the applicant’s WD AGO Form 53-55 shows he served 8 months and 4 days of continental service and 4 months and 4 days of foreign service (for total service of 1 year and 8 days) as of his separation on 5 April 1947. DISCUSSION AND CONCLUSIONS: It appears a typographical error was made in items 22 and 24 of the applicant’s WD AGO Form 53-55. When he separated on 5 April 1947, he had completed a total of 1 year and 8 days of service. That would mean he was inducted on and entered active service on 27 March 1946, not 27 March 1947. Items 22 and 24 of his WD AGO Form 53-55 should be corrected to read 27 March 1946. BOARD VOTE: __mkp___ __lcb___ __ded___ 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 the WD AGO Form 53-55 of the individual concerned be corrected by amending items 22 and 24 to read 27 March 1946. __Margaret K. Patterson CHAIRPERSON INDEX CASE ID AR2000009348 SUFFIX RECON DATE BOARDED 20071115 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY Ms. Mitrano ISSUES 1. 100.00 2. 3. 4. 5. 6.