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ARMY | BCMR | CY2001 | 2001058937C070421
Original file (2001058937C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2001
         DOCKET NUMBER: AR2001058937


         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.

Mr. Carl W. S. Chun Director
Mr. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Richard T. Dunbar Member
Mr. Donald P. Hupman, Jr. Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that block 23 (Date of Enlistment) and block 24 (Date of Entry Into Active Service) of his War Department (WD) Adjutant General Office (AGO) Form 53-58 (Enlisted Record and Report of Separation-General Discharge) be corrected to read 16 May 1946.

3. The applicant states, in effect, that the 16 May 1947 date listed in blocks
23 and 24 of his WD AGO Form 53-58 is incorrect and should read 16 May 1946. He claims that the information contained in various other blocks of the WD AGO Form 53-58 supports this claim.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that his records were lost in that fire.

5. The available evidence includes a WD AGO Form 53-58, which was issued to the applicant on the date of his separation from active duty. Block 7 (Date of Separation) confirms he was separated on 17 November 1947. However, blocks 23 and 24 indicate that he enlisted and entered active duty on 16 May 1947.

6. Block 36 (Service Outside the Continental U.S. and Return) of the WD AGO 53-58 shows that the applicant arrived in Okinawa on 6 December 1946 and served there until his departure on 22 October 1947. Block 37 (Total Length of Service) indicates that he served 7 months and 15 days of continental service and 10 months and 16 days of foreign service. Finally, block 43 (Longevity for Pay Purposes) contains an entry verifying that he served on active duty a total of 1 year, 6 months, and 1 day. There are also other entries contained in this document that clearly establish that the applicant had entered and was serving on active duty in 1946.

7. There is also a General Discharge Certificate on file that confirms the applicant was discharged on 17 November 1947. In addition, there is a Veterans Administration Insurance Form 350 (Application for National Service Life Insurance), dated 16 May 1946, available that confirms the applicant entered active duty on 16 May 1946 and that he completed this form requesting insurance at the replacement depot that same day.

CONCLUSIONS:

1. The Board notes and finds merit in the applicant’s contention that he entered active duty on 16 May 1946 and that the 16 May 1947 date contained in blocks 23 and 24 of his WD AGO Form 53-58 was the result of an administrative error.


2. A review of the available evidence confirms that the applicant was separated from active duty on 17 November 1947, after completing 1 year, 6 months, and
1 day of active military service. This would clearly establish that the 16 May 1947 date entered in blocks 23 (Date of Enlistment) and 24 (Date of Entry Into Active Service) of his WD AGO Form 53-58 was in error.

3. The Board finds there is more than sufficient evidence to confirm that the applicant actually enlisted in the Army and entered into active service on 16 May 1946. This is supported by various entries and information contained in his separation document, which verify that he served a total of 1 year, 6 months, and 1 day of active military service and that he was serving on active duty during 1946. Therefore, the Board concludes it would be appropriate to correct his record to show his enlistment date and date of entry into active service was
16 May 1946.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the date of enlistment and date of entry into active service of the individual concerned was 16 May 1946 and by issuing him a corrected separation document that reflects this change.

BOARD VOTE:

___JNS__ __RTD__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone_____
                  CHAIRPERSON




INDEX

CASE ID AR2001058937
SUFFIX
RECON
DATE BOARDED 2001/08/28
TYPE OF DISCHARGE GD
DATE OF DISCHARGE 1947/11/17
DISCHARGE AUTHORITY AR 615-369
DISCHARGE REASON Lack of Adaptability
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2.
3.
4.
5.
6.



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