MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
-
BOARD DATE: 3 December 1998
DOCKET NUMBER: AC96-10507
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
APPLICANT REQUESTS: In effect, that his report of separation (WD AGO Form 53-55) be corrected to show that he enlisted on 20 January 1944.
APPLICANT STATES: That his WD AGO Form 53-55 incorrectly shows that he was inducted on 20 July 1944. However, it should show that he enlisted on 20 January 1944 because he enlisted due to the fact that he was going to be inducted.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel records Center in St. Louis, Missouri that destroyed approximately 18 million service records. However, information obtained from alternate sources show:
The applicant was inducted in Newark, New Jersey on 20 July 1944 and was issued a service component of the Army of the United States (AUS) and a serial number of 42 106 428.
He continued to serve until he was honorably discharged on 28 June 1946.
Information obtained from historical records show that AUS serial numbers of 42 106 424 and 42 106 425 were also issued to two other inductees at Newark, New Jersey on 20 July 1944. The records of these two individuals were not completely destroyed in the fire at St. Louis and confirm the date the serial numbers were issued.
During World War II, Army serial numbers were issued in numerical sequence to those who were inducted or enlisted. Personnel who enlisted were given a different sequence of serial numbers than those who were inducted and were given a component of Regular Army (RA). Personnel who were inducted received a component and serial number of the AUS.
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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. Inasmuch as serial numbers were issued in sequence, it is very unlikely that the applicant was issued a serial number out of sequence 6 months prior than those that were issued on 20 July 1944. Additionally, all available evidence indicates that the applicant was in fact inducted and that he did not enlist as he contends.
3. The Board notes the applicants contentions; however, they are not supported by the evidence submitted with his application or the evidence of record.
4. In view of the foregoing, there is no basis for granting the applicant's 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
___rwa__ ___elw __ ___js____ DENY APPLICATION
Loren G. Harrell
Director
INDEX
CASE ID
AC96-10507
SUFFIX
RECON
DATE BOARDED
1998/12/03
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
NC
REVIEW AUTHORITY
ISSUES 1. 112.05
2. 110.01
3.
4.
5.
6.
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