RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2005
DOCKET NUMBER: AR20040009157
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Ted S. Kanamine | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Lawrence Foster | |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, correction of his Honorable
Discharge Certificate (WD AGO Form 53).
2. The applicant states, in effect, that his honorable discharge
certificate contains a typographical error in the date of enlistment
contained on the form. The entered date of enlistment reads 27 June 1949,
when in fact his enlistment date was 14 February 1944.
3. The applicant provides a copy of his Separation Document (WD AGO Form
53-55) and WD AGO Form 53 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
that occurred on 26 June 1946. The application submitted in this case is
dated
21 October 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’s WD AGO Form 53-55 shows that he was inducted into the
Army and entered active duty on 14 February 1944. He held the military
occupational specialty (MOS) 502 (Administrative Specialist) and served in
the European Theater of Operations (ETO) from 8 December 1944 through 12
June 1946.
5. Item 33 (Decorations and Citations) of the applicant’s separation
document shows he earned the European-African-Middle Eastern Campaign Medal
and World War II Victory Medal. The WD AGO Form 53-55 also shows he was
honorably separated on 26 June 1946, after completing 2 years, 4 months and
13 days of active military service.
6. The WD AGO Form 53 provided by the applicant indicates it was issued on
26 June 1949. The honorable discharge certificate contains the comment
“enlisted 27 June 1949” in the identification line.
DISCUSSION AND CONCLUSIONS:
The applicant’s contention that the enlistment date entered on his
honorable discharge certificate is incorrect was carefully considered and
found to have merit. The evidence confirms he was inducted into the Army
of the United States and entered active duty on 14 February 1944, and that
he was honorably separated on 26 June 1946. Therefore, it would be
appropriate to issue him a new certificate that contains the proper service
dates.
BOARD VOTE:
___TSK__ __HTN__ ___LF___ GRANT 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 all Department of the Army records of the
individual concerned be corrected by issuing him a new Honorable Discharge
Certificate that reflects the correct service dates of 14 February 1944
through 26 June 1946.
____Ted S. Kanamine___
CHAIRPERSON
INDEX
|CASE ID |AR20040009157 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/0719 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1946/06/26 |
|DISCHARGE AUTHORITY |AR 615-365 |
|DISCHARGE REASON |Demobilization |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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