RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 December 2005
DOCKET NUMBER: AR20050006563
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard Dunbar | |Chairperson |
| |Mr. James Gunlicks | |Member |
| |Mr. Scott Faught | |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 that the eighth digit of his serial number on
his Certification of Military Service be corrected to show “4” instead of
“9.”
2. The applicant states the eighth digit of his serial number is 9.
3. The applicant provides a copy of his Certification of Military Service.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 11 January 1946. The application submitted in this case is
dated 14 April 2005.
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 limitation 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 available records do not contain a WD AGO Form 53-55 (Enlisted
Record and Report of Separation). The applicant’s Certification of
Military Service shows that he was a member of the Army of the United
States from 21 November 1942 until he was honorably discharged in the rank
of first sergeant on 11 January 1946. This document also shows that the
eighth digit of the applicant’s serial number is “9.”
5. The applicant’s War Department Form 372A (Final Payment – Work Sheet)
shows the eighth digit of his serial number is “4.”
DISCUSSION AND CONCLUSIONS:
1. The entry on the applicant’s final pay record which shows the eighth
digit of his serial number is “4” is accepted as sufficient evidence on
which to issue an appropriate document to show the eighth digit of his
serial number is "4."
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 January 1946; therefore, the time
for the applicant to file a request for correction of any error expired on
1 January 1950 (3 years after the Board was established on 2 January 1947).
The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.
BOARD VOTE:
RD____ JG______ _SF_____ 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 an appropriate document to
show the eighth digit of his serial number on the Certification of Military
Service to show “4.”
___Richard Dunbar_____
CHAIRPERSON
INDEX
|CASE ID |AR20050006563 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051208 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.1000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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