RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2007
DOCKET NUMBER: AR20070009348
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Mr. Larry C. Bergquist
Member
Mr. Dale E. DeBruler
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 item 22 (Date of Induction) and item 24 (Date of Entry into Active Service) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to read 27 March 1946.
2. The applicant states that items 22 and 24 of his WD AGO Form 53-55 are incorrect.
3. The applicant provides a copy of his WD AGO Form 53-55.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that the applicants WD AGO Form 53-55 be corrected.
2. Counsel states that the Department of Veterans Affairs has determined that the applicants service does not make him eligible for benefits. It is counsels opinion that the reason the service does not qualify for a benefit is because of an error that was made on the WD AGO Form 53-55.
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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. Item 22 and 24 of the applicants WD AGO Form 53-55 show he was inducted into the Army on 27 March 1947 and entered active service on 27 March 1947. However, item 31 (Military Qualification and Date) shows he qualified with the M-1 Rifle in August 1946. Item 36 (Service Outside Continental U. S. and Return) shows he departed the States on 7 November 1946.
4. Item 37 (Total Length of Service) of the applicants WD AGO Form 53-55 shows he served 8 months and 4 days of continental service and 4 months and 4 days of foreign service (for total service of 1 year and 8 days) as of his separation on 5 April 1947.
DISCUSSION AND CONCLUSIONS:
It appears a typographical error was made in items 22 and 24 of the applicants WD AGO Form 53-55. When he separated on 5 April 1947, he had completed a total of 1 year and 8 days of service. That would mean he was inducted on and entered active service on 27 March 1946, not 27 March 1947. Items 22 and 24 of his WD AGO Form 53-55 should be corrected to read 27 March 1946.
BOARD VOTE:
__mkp___ __lcb___ __ded___ 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 the WD AGO Form 53-55 of the individual concerned be corrected by amending items 22 and 24 to read 27 March 1946.
__Margaret K. Patterson
CHAIRPERSON
INDEX
CASE ID
AR2000009348
SUFFIX
RECON
DATE BOARDED
20071115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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