APPLICANT REQUESTS: The applicant who is the former service members (FSM) daughter, requests that he be credited with having completed 20 years of service.
APPLICANT STATES: That an incorrect date was used in calculating the FSMs total years of service thereby depriving him of all the benefits of a retired soldier.
EVIDENCE OF RECORD: The majority of the FSMs military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from that portion of the record that was available.
The FSM was born on 30 August 1877 in New York state. He initially enlisted in the Regular Army on 9 May 1902 and through a series of reenlistments remained on active duty until his discharge on 18 January 1923 in the grade of sergeant. He died on 30 May 1953.
At the time of his final discharge from the Army he was credited with over 19 years of service.
The applicant contends that the error in calculating the FSMs active service is reflected in his final statement of service as having been honorably discharged on 25 August 1919 when, in fact, his discharge certificate for the same enlistment period reflects that he was discharged on 4 June 1920. Computing his total service using the latter date would result in his being credited with 20 years, 1 month and 11 days of service.
An Act of February 14, 1885,(ch. 67, 23 Stat. 305), provided the first enlisted nondisability retirement authority. It authorized the voluntary retirement, at the discretion of the Secretary concerned, of Army and Marine Corps enlisted personnel after 30 years of service.
Public Law 190, 79th Congress, Act of October 6, 1945 (Sec. 4, 59 Stat. 538, 539), authorized the voluntary retirement and transfer to the reserves of Army enlisted personnel with at least 20 but not more than 29 years of active service.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicants contention that the FSMs active service was improperly calculated is correct. The FSM should have been credited with 20 years, 1 month and 11 days of service rather than over 19 years of service.
2. Notwithstanding the foregoing, at the time of the FSMs discharge on 18 January 1923, the law then in effect provided that enlisted personnel could only be retired after completing 30 years of service.
3. Authority for the retirement of enlisted personnel with a minimum of 20 years of service was not enacted until 1945.
4. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2012 | 20120006003
The applicant requests correction of her deceased husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a former service member (FSM), to show his year of birth as "1922" instead of "1923." The applicant's contention that the FSM's WD AGO Form 53-55 should be corrected to change his year of birth from "1923" to "1922" was carefully considered. Although the FSM's year of birth appears as "1923" on the WD AGO Form 53-55 issued to him at the time of...
ARMY | BCMR | CY2012 | 20120007322
The applicant requests the records of his deceased father, Marcel, a former service member (FSM), be corrected by issuing him an Honorable Discharge Certificate. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. The available records show an individual with the name Arthur served in the Army.
ARMY | BCMR | CY2010 | 20100012839
The applicant requests correction of his records to show his correct date of birth. The applicant's military records are not available for review. DISCUSSION AND CONCLUSIONS: The available evidence clearly shows the applicant's date of birth in item 10 of his WD AGO 53-55 was incorrectly entered as 20 May 1945.
ARMY | BCMR | CY2012 | 20120000772
The applicant requests the records of his father, a deceased former service member (FSM), be corrected to show: * Bronze Star Medal * World War II Victory Medal * European-African-Middle Eastern Campaign Medal with 4 bronze service stars * three overseas service bars * Croix de Guerre with palm * Belgian Fourragere 2. The FSM's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120002025
IN THE CASE OF: BOARD DATE: 24 July 2012 DOCKET NUMBER: AR20120002025 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that the military records of his grandfather, a former service member (FSM), be corrected to show the FSM is authorized the Army of Occupation of Germany Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing an appropriate document to show the FSM is authorized the Army of...
ARMY | BCMR | CY2002 | 2002073598C070403
The applicant, the son of a deceased former service member (FSM) requests that his father’s WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) be corrected to show award of the Combat Infantryman Badge (CIB), the Bronze Star Medal, the National Defense Service Medal (NDSM), the American Defense Service Medal (ADSM), the World War II Victory Medal, the Meritorious Unit Citation (MUC), the Presidential Unit Citation (PUC), the qualifications for Pistol and Rifle, the...
ARMY | BCMR | CY2005 | 20050002381C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. DISCUSSION AND CONCLUSIONS: The applicant provides sufficient evidence to show the FSM was born on 21 December 1923.
ARMY | BCMR | CY2014 | AR20140009454
The applicant, the grandson of a deceased former service member (FSM), requests: * the FSM be awarded the American Campaign Medal * correction of the FSM's WD AGO Form 53-55 (Honorable Discharge) to show the American Campaign Medal and the Army of Occupation Medal with Germany Clasp * issuance of the Army Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, and the Army of Occupation Medal with Germany Clasp 2. He...
ARMY | BCMR | CY2002 | 2002073661C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. As supporting evidence, she provides their marriage certificate, his death certificate, a 5 August 1953 letter appointing the FSM as a Reserve commissioned officer, and an 8 March 1960 letter, Subject: Completion of 20 years of Satisfactory Federal Service Creditable for Retirement. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had...
ARMY | BCMR | CY2002 | 2002075955C070403
The applicant requests correction of his records to show the correct spelling of his last name and to show his correct date of birth. The Board considered the applicant's request to correct the spelling of his last name from G------s to G------z. Therefore, the Board determined that the applicant's WD AGO Form 53-55 should be corrected to show his birth date as 20 November 1923.