DOCKET NUMBER:  AR20120007743 


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 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show he completed the Army Signal Corps Repair training.

2.  The applicant states he completed the Army Signal Corps Repair training, but it is not listed on his WD AGO Form 53-55.

3.  The applicant provides:

* WD AGO Form 53-55
* Certificate of Attainment

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 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 his 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 applicant's WD AGO Form 53-55 shows he enlisted in the Enlisted Reserve Corps on 2 December 1942 and he entered active duty in Boston, MA, on 3 September 1943.

4.  He provides a Certificate of Attainment, dated 13 June 1943, that shows he successfully completed the "Mechanic Learner – Radio" training course.

5.  He was honorably released from active duty on 15 October 1945.  Item 41 (Service Schools Attended) of his WD AGO Form 53-55 shows the entry "None."

6.  Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, stated that the purpose of the separation form was to provide the veteran with a separation certificate and a Military or Enlisted Record and Report of Separation.  Appropriate separation forms were prepared for all enlisted personnel separated from the service due to discharge, relief from active duty, or retirement.  The WD AGO Form 53-55 was the appropriate form used for Soldiers separating with an honorable character of service.  Several records were used as a basis for the preparation of this separation document such as the WD AGO Form 24 (Service Record), WD AGO Form 20 (Qualification Record), and WD AGO Form 100 (Separation Qualification Record).

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant completed the "Mechanic Learner – Radio" training course on 13 June 1943 which is not listed on his WD AGO Form 53-55.  Therefore, he is entitled to correction of this form to show he completed the training course.


BOARD VOTE:

___X__  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding the "Mechanic Learner – Radio" training course he completed in 1943 to his WD AGO Form 53-55.



      __________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)                                         AR20120007743



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ABCMR Record of Proceedings (cont)                                         AR20120007743



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