RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001837


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Thomas Pagan                  |     |Member               |
|     |Mr. Kenneth Lapin                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his July 1947 separation
document be corrected to show that he entered military service in October
or November 1945 in order to reflect his true term of military service.

2.  The applicant states he was drafted on 29 October 1945 and spent 9
months in service and then reenlisted.  He states he never received a
separation document for his initial term of service and notes that he
served in the Army from October or November 1945 until 31 July 1947.  He
states that he served in the Army longer than his separation document
shows.

3.  The applicant provides a copy of his induction papers in support of his
request and a copy of a January 1946 photograph of his training
organization.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1947.  The application submitted in this case is
dated
5 May 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant provides a 17 October 1945 “Order to Report for
Induction” which states that he was to report to the local board on 29
October 1945 where he would be furnished transportation to an induction
station.  The document indicated that he would then be examined, and, if
accepted for training and service, would then be inducted into the land or
naval forces.
5.  The applicant’s July 1947 separation document (War Department Adjutant
General Form 53) does indicate in item 39 (prior service) that he had 8
months and 12 days of prior service in the Army of the United States (AUS)
prior to his enlistment in the Regular Army on 12 July 1946.  Item 43
(longevity for pay purposes) on that same separation document does reflect
the applicant’s total military service which encompassed 1 year, 9 months,
and 2 days.

6.  Based on the applicant’s 8 months and 12 days of prior service in the
AUS, he would have entered military service on 30 October 1945, which is
consistent with the information contained in his October 1945 induction
notice.

7.  On 12 July 1946 the applicant enlisted in the Regular Army for a period
of 13 months.  He was honorably discharged on 31 July 1947.

8.  Technical Manual 12-235, in effect at the time, established the
policies and procedures for the preparation of separation forms and
indicates that a separation document would have been issued at the time an
individual was discharged for the purpose of immediate reenlistment and
that the original copy of the separation document would be provided to the
individual.  Another separation document would be issued when the applicant
completed his enlistment term of service.  That same manual states that
prior service would be reflected in item 39 on the individual’s final
separation document and that a Soldier’s entire service, for longevity pay
purposes, would be recorded in item 43.

8.  In 1995 a Certification of Military Service was issued to the applicant
by officials at the National Personnel Records Center.  That document,
issued in the absence of the actual report of separation, or its
equivalent, indicated that the applicant entered military service on 12
December 1946 and was honorably discharged on 31 July 1947.  It also noted
that the applicant’s service was as a member of the Army of the United
States.  The information on that document is clearly inconsistent with the
information reflected on his 31 July 1947 separation document.

9.  The War Department Adjutant General Forms 53 are no longer in the
Army’s inventory, however, a Department of Defense Form 303a (Certificate
in Lieu of Lost or Destroyed Discharge) may be issued to confirm an
individual’s service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board confirms that the applicant was
inducted as a member of the Army of the United States and entered active
duty on
30 October 1945.  He was then discharged and enlisted in the Regular Army
on 12 July 1946.  The applicant should have been issued a separation report
upon his discharge from the Army of the United States.

2.  The applicant’s July 1947 separation is correct, and accurately
reflects information about his military service, including his prior
service as a member of the AUS.  Because the information on that document
is correct, it would be inappropriate to change that document to show the
date the applicant was initially inducted into military service.  A more
appropriate means of capturing the applicant’s initial period of military
service would be to issue a Department of Defense Form 303a reflecting that
he entered the Army of the United States on
30 October 1945 and was honorably discharged on 11 July 1946.

3.  The information contained on the 1995 Certification of Military Service
is clearly inaccurate and should be voided.  The Department of Defense Form
303a and his existing July 1947 separation document should adequately
document the applicant’s military service between 30 October 1945 and 31
July 1947.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JP___  __TP ___  ___KL  __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  voiding the 1995 Certification of Military Service; and


      b.  issuing a Department of Defense Form 303a showing that the
applicant was a member of the Army of the United States between 30 October
1945 and
11July 1946.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting his 1947 separation document to show that he entered active duty
on 30 October 1945.




                            ______Jennifer Prater_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001837                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]