RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2007
DOCKET NUMBER: AR20070006734
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Scott W. Faught
Member
Mr. Roland S. Venable
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 correction of his military records to remove the medical document dated 18 October 1945 that shows "Gonorrhea acute (carded for record)."
2. The applicant states, in effect, that another Soldier's record was mixed up with his record and at that time he was hospitalized for hepatitis not gonorrhea.
3. The applicant provides a WD AGO Form 8-24 (untitled, but a medical document), dated 26 December 1945; a medical document, dated 18 October 1945; a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), with the period ending 27 December 1945; a DD Form 214 (Report of Separation from the Armed Forces of the United States), with the period ending 14 September 1951; and a Army of the United States Honorable Discharge certificate, dated 27 December 1945.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 a WD AGO Form 8-24, and a medical document, dated 18 October 1945.
3. The applicant was born on 3 September 1924. His WD AGO Form 53-55 shows he was inducted on 3 June 1943 and entered active duty on
17 June 1943. The applicant arrived in the European Theater of Operations on
4 December 1943 while assigned to the 359th Engineer Regiment.
4. A medical document, dated 18 October 1945, shows the standard name line N___, Joe G., serial number _____228. The document further shows age: 25, race: white, and state: Oklahoma. The diagnoses contain the entry "Gonorrhea acute (carded for record)."
5. The applicant departed the European Theater of Operations on 10 December 1945.
6. A WD AGO Form 8-24, dated 26 December 1945, shows the standard name line N___, Joe G., serial number _____298. The document further shows age: 21, race: white, and length of service: 31 months. It appears that the applicant had laboratory tests for venereal disease prior to his separation and the tests were negative for disease.
7. The applicant was honorably discharged on 27 December 1945 after completing 2 years, 6 months, and 27 days of creditable active service. Item
29 (Home Address at Time of Entry into Service) shows the entry "RT 1 Hermitage Ark."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the medical document dated 18 October
1945 should be removed from his records.
2. The above medical document shows the same standard name line, N___, Joe G. as the applicant's name. However, the applicant's WD AGO Form 53-55, dated 27 December 1945, shows a different seventh digit serial number, his age at the time of the above document shows he was 21 years of age instead of 25 years of age, his home address at the time of entry into the service shows Rt 1, Hermitage, Arkansas instead of Oklahoma that shows on the medical document.
3. It cannot be determined for certain that the 18 October 1945 document does not pertain to the applicant (and merely contains numerous errors). However, these errors do raise a reasonable doubt which should be resolved in his favor. Therefore, it is equitable to remove the medical document dated 18 October 1945 from his records.
BOARD VOTE:
__LDS__ __SWF __ __RSV__ GRANT FULL 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his military records the medical document with a diagnosis of Gonorrhea acute (carded for record), dated 18 October 1945.
____ Linda D. Simmons ___
CHAIRPERSON
INDEX
CASE ID
AR20070006734
SUFFIX
RECON
DATE BOARDED
25 OCTOBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
100.0000.0000
2.
3.
4.
5.
6.
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