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Decision Text

ARMY | BCMR | CY2002 | 2002072310C070403
Original file (2002072310C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 25 JULY 2002
         DOCKET NUMBER: AR2002072310


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Richard T. Dunbar Member
Mr. Kenneth W. Lapin 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. In effect, the applicant requests that his Honorable Discharge Certificate and his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) reflect that he was a Regular Army soldier when he was discharged from the Army on 2 January 1946. He also requests that his training as a pathfinder be shown on his discharge [WD AGO Form 53-55].

3. The applicant submits with his request a copy of a “Certificate in Lieu of Lost or Destroyed Honorable Discharge,” dated 13 June 1947, which shows that the applicant was discharged from the “Army of the United States” on 2 January 1946. He submits a copy of his 2 January 1946 WD AGO Form 53-55, which shows his component as NG (National Guard). He submits a copy of a Honorable Discharge certificate showing his discharge from the Army of the United States at Fort Sam Houston, Texas on 11 August 1941. This certificate is also dated 13 June 1947. He submits a copy of a WD AGO Form 0150-4 (Transcript from Enlisted Record) which reveals that he was separated from military service on 11 August 1941 in the rank of Corporal. His component is shown as NG on that form. That form shows that he had National Guard service from 25 September 1940 to 10 October 1940. It also shows that he was separated for the convenience of the government to enlist in the Regular Army. He submits a copy of a certificate showing that he completed training as a parachutist on 16 September 1944. He submits a copy of a 21 February 2002 letter from this agency concerning his units of assignment during World War II.

4. The applicant states that the Texas National Guard was mobilized on 10 October 1940, but as noted above, he took a short discharge and reenlisted in the Regular Army on 11 August 1941. He graduated from jump school, went to Camp McCall (sp), North Carolina, for advance parachute training, and was sent to Fort Meade, Maryland, prior to going to Europe. While at Fort Meade, he volunteered for special training, went back to Camp McCall for intensive training as a pathfinder, and departed for the Philippines. He recounts his subsequent travels and assignments. He states that when he enlisted in the Regular Army he agreed to have a small deduction taken from his pay for the “Old Soldier’s” home. There are still a few of them left in connection with certain VA hospitals. His date for such care is looming and he hopes that his request can be resolved.
5. The applicant’s military records show that he enlisted in the Texas National Guard for three years in the rank of Corporal on 25 September 1940. An 8 October 1940 report of physical examination on induction shows that the applicant was medically and physically qualified for active military service of the United States. A 15 November 1940 medical record shows that he was treated for a sore throat on that date. That record also shows that he was a member of the National Guard in Federal service.

6. A WD AGO Form No. 21 (Enlistment Record – Regular Army) shows that the applicant enlisted in the Regular Army in the grade of private at Fort Sam Houston, Texas, for three years on 12 August 1941 for the Air Corps for service in the Air Corps (unassigned) at Jefferson Barracks, Missouri. That form shows that he had 10 months of service completed for longevity pay, and that his prior service was with the State Detachment – Texas Q.M.C.; and that he was discharged on 11 August 1941 in the grade of Corporal.

7. A 22 December 1944 clinical record brief shows that the applicant was treated at the station hospital at Camp Mackall, North Carolina, that his rank was Master Sergeant, and his unit the 541st Parachute Infantry [Regiment].

8. The applicant was discharged on 2 January 1946 in the grade of Private First Class at Fort MacArthur, California. His component on his discharge form is shown as NG. He was awarded the American Defense Service Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Parachutist’s Badge. He attended parachute school for four weeks at Fort Benning, Georgia. There is no record of any other training completed by the applicant.

CONCLUSIONS:

1. The applicant enlisted in the Texas National Guard on 25 September 1940. It appears that the applicant was federalized on or immediately after 10 October 1940. Nonetheless, he was discharged on 11 August 1941 and did enlist in the Regular Army the following day, serving until his discharge on 2 January 1946.

2. Consequently, the applicant should be issued a certificate showing that he received an Honorable Discharge from the Regular Army on 2 January 1946. His WD AGO Form 53-55 of 2 January 1946 should be corrected to show his component as RA (Regular Army), vice NG.

3. There is no evidence and the applicant has not submitted any, to show that he received any specialized training that would warrant an entry on his discharge form. Consequently, and because of the non availability of such evidence, his request to show additional specialized training cannot be granted.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing the applicant a certificate showing that he was honorably discharged from the Regular Army on 2 January 1946, and correcting his 2 January 1946 WD AGO Form 53-55 to show his component as RA vice NG.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

_RVO___ __RTD __ __KWL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor___
                  CHAIRPERSON




INDEX

CASE ID AR2002072310
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020725
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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