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ARMY | BCMR | CY2004 | 20040006068C070208
Original file (20040006068C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040006068


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 date of induction and entry
onto active duty be changed on his WD AGO Form 53-55 (Enlisted Record and
Report of Separation)(Honorable Discharge).

2.  The applicant states, in effect, that he was inducted on 7 June 1943
and his date of entry on active duty was 14 June 1943 not the 7 January
1943 and
14 January 1943 dates currently reflected.  Additionally, his WD AGO Form
100 (Army of the United States Separation Qualification Record) which
indicates in Item 6 that his date of entry into active duty as being 14
June 1943.  He further indicates he is filing a claim with the Department
of Veterans Affairs and the correct dates are needed to adjudicate his
claim.

3.  The applicant provides a copy of his WD AGO Form 43-55 and a copy of
his WD AGO Form 100.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 December 1945.  The application submitted in this case
is dated 29 June 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.  This case is
being considered using reconstructed records, which primarily consist of
the documents supplied by the applicant and from an alternate source.

4.  The available records indicate that the applicant was inducted into the
Army of the United States on 7 January 1943 and he entered on active duty
on 14 January 1943.  His WD AGO Form 53-55 indicates in Item 55, Remarks,
he had inactive service in the Enlisted Reserve Corps from 7 January 1943
through 13 January 1943.

5.  The available records indicate the applicant was separated on 27
December 1945 with an Honorable Discharge.  His discharge shows he was
awarded the Silver Star, the Purple Heart, the Army Lapel Button, the
Meritorious Unit Award, the World War II Victory Medal, the Bronze
Arrowhead Device, the Philippine Liberation Ribbon with 1 Bronze Service
Star, the Good Conduct Medal, the Asiatic Pacific Theater Ribbon with 2
Bronze Service Stars, the Medical Badge (now known as the Combat Medical
Badge).  He was later awarded the Bronze Star Medal by the Awards Section,
Personnel Services Division, U.S. Army Reserve Personnel Center on 30
October 1991.

6.  Chapter 3 of Technical Manual 12-236 (Preparation of Separation Forms),
dated April 1945, governed the preparation and distribution of the various
separation forms for enlisted personnel.  WD AGO Form 53-55 is one of five
different separation forms used during this time frame.  This chapter gives
specifics on what information is to be entered in each of the blocks of
this form.

7.  A search of the National Archives Electronic Army Serial Number Merged
File for the period 1938 through 1946 found the applicant's pertinent
information under his Serial Number.  This data base shows the applicant's
entry date as being 7 June 1943.

DISCUSSION AND CONCLUSIONS:

1.  The information obtained from the National Archives confirms the
applicant's contention that entry month is in error on his WD AGO Form 53-
55.  It is assumed at this late date this was a typographical error.

2.  Therefore, it would be appropriate to correct Items 22 and 24 of his WD
AGO Form 53-55 by substituting June versus January in these blocks.
Additionally, it would be further appropriate to correct the months of his
inactive service in the Enlisted Reserve Corps in Item 55 from "7 JAN 43 to
13 JAN 43" to "7 JAN 43 to 6 JUN 43."

BOARD VOTE:

__rjw___  __kwl___  __drt___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that the WD AGO Form 53-55of the individual
concerned be corrected by showing in Items 22 and 24 that he was inducted
on 7 June 1943 and entered into active service on 14 June 1943, and by
showing in Item 55 that he had inactive service in the "ERC 7 JAN 43 to 6
JUN 43."



                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006068                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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