RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060010892 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 discharge documents.

2.  The applicant states, in effect, that his discharge documents indicate that his service was from 27 November 1945 to 7 May 1947; however, his actual dates of service were from 27 November 1944 to 7 May 1946.  The applicant also states that he has attempted several times to have the errors corrected, but just recently learned that he could apply to this Agency to have his records corrected.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of 7 May 1947 and Army of the United States Honorable Discharge Certificate, dated
7 May 1947.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
7 May 1947, the date of his discharge from the Army.  The application submitted in this case is dated 25 July 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 military service records contain 2 War Department (WD) Forms 372A (Final Payment - Work Sheets), Disbursing Office (D.O.) Voucher Number 27923, Sub voucher number 34 (April 1947) and D.O. Voucher Number 29875, Sub voucher number 29 (May 1947).  These documents were prepared to document the applicant's pay and entitlements for the periods 1-31 March 1947, 1-30 April 1947, and 1-7 May 1947.  Both of the WD Forms 372A show in the block "Name of D.O." the stamped entry "J. M. B_______, Lt. Col. FD" and in the block "Honorable Discharge by Reason of" the authority is shown as Army Regulation 615-365, TWX [i.e., message] 85018, dated 8 November 1946.  The WD Form 372A, Voucher Number 29875, Sub voucher number 29 shows, in pertinent part, that the applicant was issued check number 48509 in the amount of $71.61.  The WD Form 372A, Voucher Number 27923, Sub voucher number 34 shows, in pertinent part, that the applicant was issued check number 27670 in the amount of $129.80 and cash in the amount of $100.00, for a total of $229.80. This WD Form 372A also shows the applicant placed his signature on the document acknowledging receipt of the monies.

5.  In support of his application, the applicant provides a copy of his WD AGO Form 53-55, with an effective date of 7 May 1947 and Army of the United States Honorable Discharge Certificate, dated 7 May 1947.  The WD AGO Form 53-55 shows in Item 23 (Date of Enlistment) the entry "27 NOV 45", in Item 24 (Date of Entry into Active Service) the entry "27 NOV 45", and in Item 7 (Date of Separation) the entry "7 May 1947."  Item 35 (Latest Immunization Dates) shows the applicant was immunized for Smallpox in December 1945, Typhoid in January 1946, and Tetanus in February 1946.  Item 36 (Service Outside Continental United States and Return) shows the applicant departed the United States on 29 August 1946 for service in the European Theater of Operations and returned to the United States on 10 April 1947.  The WD AGO Form 53-55 also shows in Item 40 (Reason and Authority for Separation) the entry "CONV OF GOVT AR 615-365, 24 JAN 47 & TWX 85018 DTD 8 NOV 46." The WD AGO Form 53-55 further shows in the section for Pay Data, Item 47 (Total Amount, Name of Disbursing Officer) the entries "229.80"; "71.61"; and "JM B______
LT COL FD."  The applicant's Army of the United States Honorable Discharge Certificate shows that he was honorably discharged by the Separation Center at Fort Dix, New Jersey on 7 May 1947.

6.  War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty.  The instructions for completing the Report of Separation (WD AGO Form 53-55) states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge documents should be corrected to show that he served in the Army from 27 November 1944 to 7 May 1946 because typographic errors were made concerning the year he entered active duty and the year he was discharged.  By inference, in effect, the applicant also contends that other information on his WD AGO Form 53-55 is also incorrect.

2.  The evidence of record shows that the applicant enlisted and entered active service in the Army on 27 November 1945.  In fact, the entries for his immunizations (i.e., December 1945, January 1946, and February 1946) on his WD AGO Form 53-55 logically follow his enlistment date (i.e., of 27 November 1945) and, in turn, are logically followed by the period of his overseas service (i.e., from 29 August 1946 to 10 April 1947).  Moreover, there are no entries on the applicant's WD AGO Form 53-55 that indicate he served in the Army during the period 27 November 1944 through 26 November 1945.

3.  The evidence of record shows that, at the time of his separation, the applicant received two "mustering out" payments; in separate amounts totaling $229.80 and $71.61.  The evidence of record also shows that he was honorably discharged from the Army for the Convenience of the Government under authority of Army Regulation 615-365, dated 24 January 1947, and Army message (TWX) 85018, dated 8 November 1946.  In this regard, the applicant's
2 WD Forms 372A and WD AGO 53-55, with an effective date of 7 May 1947, show the corresponding amounts of the applicant's "mustering out" pay and authority for separation, which serve to validate the accuracy of the documents.  Moreover, as both the Army regulation and Army message cited in the reason for the applicant's discharge are dated 24 January 1947 and 8 November 1946, respectively, it would have been impossible for these documents to have been promulgated and cited as authority for the applicant's discharge, if the applicant was discharged on 7 May 1946 as he claims.  Finally, the evidence of record shows that the applicant placed his signature on both the WD AGO Form 372A and WD AGO 53-55, thereby indicating that he had reviewed the documents and affirmed the accuracy of the information recorded on the documents at that time. Consequently, based on the evidence of record, and in the absence of evidence to the contrary, the applicant's period of military service as recorded on his
WD AGO Form 53-55 and the date on his Army of the United States Honorable Discharge Certificate are determined to be accurately recorded.  Therefore, the applicant is not entitled to correction of his records.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 May 1947; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 May 1950.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___WFC_  ___EEM _  ___RMN_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




        _William F. Crain____
          CHAIRPERSON




INDEX

CASE ID
AR20060010892
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/08
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19470507
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON
Convenience of the Government
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.