PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 February 2004
DOCKET NUMBER: AR2003088368
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. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred N. Eichorn | |Chairperson |
| |Mr. John P. Infante | |Member |
| |Ms. Karen A. Heinz | |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 his WD AGO Form 53-55, Enlisted Record and
Report of Separation, Honorable Discharge, be corrected to show that he
entered on active duty on 14 September 1945. In the alternative, he
requests that the Board provide him with a statement attesting to his
service in the Army of the United States (AUS).
3. The applicant states, in effect, that his WD AGO Form 53-55 should list
all of his active service. He explains that his employer will not apply
his AUS service towards his retirement without it being listed on an
official separation document.
4. The applicant’s military records show that he was inducted and entered
active duty in the AUS on 14 September 1945. On 16 July 1946 he reenlisted
for the Regular Army. He was promoted to Tec 5 and was honorably released
from active duty at the expiration of his term of service on 27 June 1947.
5. His WD AGO Form 53-55, Item 24, Date of Entry into Active Service, has
16 July 1946 entered. Item 39, Prior Service, has “AUS 14 Sept 45 to 15
July 46” entered.
6. TM 12-235 – AFM 35-80-1, Enlisted Personnel, Discharge Procedures and
Preparation of Separation Forms, paragraph 22, states that “The appropriate
separation certificate will be prepared for all enlisted personnel
discharged, relieved from active duty, or transferred to a reserve
component.”
7. Paragraph 24 of this manual states that all entries on the separation
document except items 39 and 43 are to apply only to the current period of
active duty.
CONCLUSIONS:
1. The applicant was required to be discharged from his AUS status when he
enlisted in the Regular Army. When a soldier was discharged, TM 12-235 –
AFM 35-80-1 required that a WD AGO Form 53-55 be given to the soldier.
2. There is no evidence or indication that the applicant was ever
discharged or issued a WD AGO Form 53-55 for his service in the AUS.
3. As such, his military records should be corrected by issuing him a
separation document for the time he served in the AUS, 15 September 1945
through 15 July 1946. However, the WD AGO Form 53-55 is now obsolete and
out of stock. Therefore, the applicant’s records may only be corrected by
issuing to him a modern separation document, a DD Form 214, Certificate of
Release or Discharge From Active Duty. However, to eliminate the
possibility of confusion, the DD Form 214 should have an entry in the
Remarks section of the form that the document was issued in lieu of a WD
AGO Form 53-55 because that form is now obsolete and out of stock.
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:
a. issuing to the individual concerned a DD Form 214 for the time he
served in the AUS, 15 September 1945 through 15 July 1946; and
b. entering the following in the Remarks section of the DD Form 214:
“This document is issued in lieu of a WD AGO Form 53-55 because that form
is now obsolete and out of stock.”
BOARD VOTE:
____fne_ ___kh___ ____jpi GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_________Fred N. Eichorn__________
CHAIRPERSON
INDEX
|CASE ID |AR2003088368 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040205 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), dated 21 October 1946, be corrected to show in: * item 22 (date of Induction) the entry 17 March 1945 * item 25 (place of entry into service) the entry Fort McClellan, Alabama 2. The applicant's military records are not available for review. The applicant enlisted in the RA at Fort Ord, California on 27 October 1945 and served until he was honorably discharged on 21 October...
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The case is being considered using the WD AGO Form 53-55 provided with the application. The applicant's request for correction of his arrival and departure dates in the ETO were carefully considered. The applicant's WD AGO Form 53-55 shows he entered active duty on 6 May 1943 and completed 1 year and 10 months of CONUS service.
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The applicant requests correction of his records to show his birth date as 26 December 1924 instead of 26 November 1924, to show he served in the 75th Infantry Division, to show he was a prisoner of war and to show he was in a convalescent hospital for nine months. The applicant’s WD AGO Form 24 (Service Record) shows his birth date is 26 November 1924. Therefore, he is entitled to award of the Prisoner of War Medal and correction of his records to shows this award.
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Application for correction of military records (with supporting documents provided, if any). The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), item 4 (Arm or Service) to show Regular Army instead of "AF." The FSM's military records are not available to the Board for review.
ARMY | BCMR | CY2011 | 20110001934
The applicant requests correction of the unit shown in item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 7 December 1946. The applicant's complete military record is not available to the Board for review. Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), in effect at the time, provided instructions for completing the WD AGO Form 53-55.
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ARMY | BCMR | CY2005 | 20050006232C070206
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