RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060002452


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 his military service dates be adjusted.

2.  The applicant states that his current records show he served from 11
January 1946 through 16 December 1946.  He states that he served prior to
these dates and would like his records corrected to reflect the date 29
March 1945.

3.  The applicant provides his Report of Physical Examination and Induction
and his Report of Physical Examination of Enlisted Personnel Prior to
Discharge, Release from Active Duty or Retirement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 December 1946.  The application submitted in this case is
dated 8 February 2006.

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 Report of Physical Examination and Induction shows he
was inducted into the Army on 29 March 1945.

5.  The applicant’s WD AGO Form 53-55 shows he enlisted in the Regular Army
on 11 January 1946 and was honorably discharged on 16 December 1946.

6.  Item 39 (Prior Service) on his WD AGO Form 53-55 shows he served in the
Army of the United States (AUS) for 9 months and 12 days.

7.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures
and Preparation of Separation Forms) established the policies and
procedures for completion and distribution of the WD AGO Form 53-55
(Enlisted Record and Report of Separation) during World War II.  The
regulation states, in pertinent part, that prior active Federal service
would be entered in item 39 on the WD AGO Form 53-55.  A sample entry in
this item is:  “United States Army 3 years.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the Army
on 25 March 1945.  It appears he served until he was discharged on 10
January 1946.  This is a period of 9 months and 12 days of service.

2.  The applicant enlisted in the Regular Army on 11 January 1946 and was
discharged on 16 December 1946.  He was issued a WD AGO Form 53-55 which
properly reflects this period of service and his 9 months and 12 days of
prior service in the AUS.

3.  Since the applicant’s WD AGO Form 53-55 properly reflects his prior
service, there is no basis to adjust his military service dates.  However,
as a matter of equity, it would be appropriate to issue him a Certification
of Military Service to show he served in the AUS from 25 March 1945 through
10 January 1946.

4.  Records show the applicant should have discovered the error or
injustice now under consideration on 16 December 1946, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  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:

________  ________  ________  GRANT FULL RELIEF

LS______  JM______  JP______  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 issuing him a
Certification of Military Service to show he served in the AUS from
25 March 1945 through 10 January 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
adjusting his military service dates.




                            Linda Simmons_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002452                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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