RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 February 2007
DOCKET NUMBER: AR20060009740
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. Phyllis B. Mackey
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Edward E. Montgomery
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, to have Item #9 (Permanent Address for Mailing Purposes) and Item #28 (County and State), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), corrected.
He also request that Item #18 (Race) be changed.
2. The applicant states, in effect, that the information pertaining to his address in Item #9 and Item #28 of his WD AGO Form 53-55 is incorrect. The county should be Kleberg instead of Klayborn. The applicant also states that Item #18 should indicate his Race as White instead of Mex as annotated on form.
3. The applicant provides a copy of his WD AGO Form 53-55, dated October 13, 1945, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice that occurred on 13 October 1945. The application submitted in this case is dated
27 June 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 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 applicants failure to timely file.
3. The applicants military records show that he was inducted in the Army on
23 November 1942. He entered active service on 2 December 1942. He was awarded the military occupational specialty (MOS) 657, Ambulance Orderly.
4. The applicant was separated for Convenience of the Government on
13 October 1945. At the time of separation the applicant had served 2 years and
6 days Continental Service, with 10 months and 15 days of Foreign Service time.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that an administrative error was made during the preparation of the applicants WD AGO Form 53-55. Some of the information in Item #9 and Item #28 is incorrect.
2. The War Department Technical Manual-TM-12-235, Enlisted Personnel Discharge and Release from Active Duty, dated January 1945, states that Item #18 (Race) of the induction/enlistment contract should indicate White or Negro. If other than White or Negro, specify nationality under other.
3. Therefore, there is no evidence of an error or injustice concerning the applicants request to have Item #18 changed.
4. In view of the foregoing, the applicants WD AGO Form 53-55 should be corrected to reflect the correct spelling of the county.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____A___ __JLP __ __EM ___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing Item #9 and Item #28 to read Kleberg.
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 changing Item #18 (Race) to White.
_____James E. Anderholm_____
CHAIRPERSON
INDEX
CASE ID
AR20060009740
SUFFIX
RECON
DATE BOARDED
20070206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1.
100.0000 ADMINISTRATIVE MATTERS
2.
3.
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6.
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