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ARMY | BCMR | CY2002 | 2002067836C070402
Original file (2002067836C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2002067836


         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
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Ms. Karen A. Heinz Member
Mr. Thomas Lanyi 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 correction of his WD AGO Form 53-98 (Military Record and Report of Separation -- Certificate of Service) to show his correct dates of enlisted service.

3. In a handwritten note provided on the applicant's behalf, his wife states that he was inducted on 7 April 1942 in Syracuse, New York. She also states that he completed the Officer Candidate School at Aberdeen Proving Ground and was further assigned to the Judge Advocate School in Ann Arbor for a period of eight weeks. She further states that he was assigned to Governors Island, Camp Beale, Los Angeles, and Manilla (Philippines) from October 1945 to March 1946. In support of his application, the applicant submits a copy of his WD AGO Form 53-98 covering his service as an officer during World War II.

4. The applicant’s military records were burned in the National Personnel Records Center fire of 1973. Records available to the Board show he was inducted in the Army on 7 April 1942 and served in an enlisted status from 7 April 1942 through 2 July 1943.

5. Records show he was appointed as an officer of the Army of the United States on 3 July 1943 and completed training as a judge advocate. He served in the Asiatic-Pacific Theater of Operations from 24 October 1945 through 15 March 1946 and was released from active duty on 22 May 1946.

6. The applicant's WD AGO Form 53-98 shows he entered active duty on 3 July 1943 as an officer and was released from active duty on 22 May 1946.
Item 34 (Current Tour of Active Duty) shows he completed 2 years, 4 months
and 23 days of continental service and 5 months and 26 days of foreign service.

7. A portion of his Service Record shows he attended basic training from April 1942 to July 1942 and served as a company clerk from July 1942 to September 1942. This document also shows that he served as a battalion sergeant major from September 1942 to April 1943 and attended Officer Candidate School from April 1943 to July 1943. There is no record of the discharge document which covers the applicant's enlisted service from April 1942 to July 1943.

CONCLUSIONS:

1. Records available to the Board show the applicant served in an enlisted status from 7 April 1942 through 2 July 1943. However, there is no discharge document (WD AGO Form 53-55) in the applicant's records which covers this period of service.

2. In the absence of any record which shows the applicant's enlisted service,
the Board determined that it would be appropriate to amend his
WD AGO Form 53-98 (Military Record and Report of Separation -- Certificate of Service) to show the following entry in item 43 (Remarks): "ENLISTED SERVICE FROM 7 APRIL 1942 THROUGH 2 JULY 1943."

3. 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 amending the WD AGO Form 53-98 of the individual concerned to show the entry "ENLISTED SERVICE FROM 7 APRIL 1942 THROUGH 2 JULY 1943" in
item 43 (Remarks).

BOARD VOTE:

AAO_____ KAH____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON




INDEX

CASE ID AR2002067836
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020730
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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