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ARMY | BCMR | CY2003 | 2003087597C070212
Original file (2003087597C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 May 2003
         DOCKET NUMBER: AR2003087597


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Lester Echols Member
Mr. Frank C. Jones 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 that the WD AGO Form 53-55 (Enlisted Record and Report of Separation) of her deceased spouse, a former service member (FSM), be corrected to show his marital status as married.

3. The applicant states that she and the FSM were married at the time of his separation from the Army. She provides the FSM's WD AGO Form 53-55, his Honorable Discharge Certificate, and their marriage certificate as supporting evidence.

4. The FSM’s military records have been lost or destroyed. This case is being considered using reconstructed records. The FSM's reconstructed records consist primarily of the WD AGO Form 53-55, his Honorable Discharge Certificate, and his Final Payment Roll.

5. The FSM was inducted into the Army on 4 December 1941.

6. The marriage certificate provided by the applicant show that she and the FSM married on 5 July 1945.

7. The FSM separated on 5 September 1945.

8. Item 17 of the FSM's WD AGO Form 53-55 shows the FSM had "0" dependents. Item 19 of his WD AGO Form 53-55 shows his marital status as "single."

CONCLUSIONS:

1. The evidence provided by the applicant shows that she and the FSM were married when he separated from the Army on 5 September 1945.

2. The Board presumes that at the time of the FSM's separation the applicant was considered his dependent.

3. The FSM's WD AGO Form 53-55 should be amended to show that he was married with one dependent.

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


RECOMMENDATION:

That item 27 of the FSM's WD AGO Form 53-55 be amended to show he had "1" dependent and item 19 of his WD AGO Form 53-55 be amended to show his marital status as married.

BOARD VOTE:

__lls___ __le____ _fcj____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Luther L. Santiful_
                  CHAIRPERSON



INDEX

CASE ID AR2003087597
SUFFIX
RECON
DATE BOARDED 20030529
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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