RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 March 2008
DOCKET NUMBER: AR20070015782
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Frank C. Jones, II
Chairperson
Ms. Carmen Duncan
Member
Mr. Scott W. Faught
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 her Army of the United States Certificate of Service to show she was honorably released from active duty on 17 December 1945 instead of 17 December 1947.
2. The applicant states that the incorrect entry was due to a typographical error.
3. The applicant provided copies of her Certificate of Service, dated 17 December 1947 and WD AGO 53-98 (Military Record and Report of Separation Certificate of Service), dated 17 December 1945, in support of her application.
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. The applicants WD AGO Form 53-98 shows that she entered active duty on 16 July 1945 as a second lieutenant (2LT) in the Army Nurse Corps (ANC). She was honorably released under the provisions of War Department Readjustment Regulation 1-1 by reason of demobilization on 17 December 1945, at the Army Separation Center, Fort Sam Houston, Texas.
4. Item 32 (Service Outside the United States) of the applicants WD AGO Form 53-90 shows the entry None. Item 34 (Current Tour of Active Duty-Continental Service) shows the entry 5 months and 2 days.
5. The applicants Form SG-23, shows that the applicant was appointed as a 2LT on 16 July 1945. This form also shows that the applicant was attached, unassigned, to Fort Devens, Massachusetts, on 30 June 1945, and that on 17 December 1945, she reverted to inactive status in accordance with paragraph 20 of Special Orders Number 345, Headquarters, War Department Pacific Command, Fort Sam Houston, Texas, dated 11 December 1945 (demobilization).
6. The applicants Army of the United States Certificate of Service, shows that the applicant honorably served in the Army of the United States from 16 July 1945 to 17 December 1947.
7. During World War II (WWII), demobilization was expected to fall into two phases: Period I, the interval between the surrender in Europe and the termination of hostilities in the Orient; and Period II, the final transition to a peacetime basis. The War Department published and issued the Readjustment Regulation 1-1 on 30 August 1944. However, by the spring of 1945, the categories for demobilization had been changed to four categories: (1) units scheduled for direct redeployment to another theater; (2) units scheduled for redeployment through the United States; (3) units to be assigned to the occupation air force; and (4) surplus units and personnel scheduled for return to the United States for inactivation or separation.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was released from active duty and reverted to inactive status on 17 December 1945. It appears that her Army of the United States Certificate of Service inadvertently showed she was honorably released from active duty on 17 December 1947 instead of 17 December 1945.
2. In view of the foregoing, the applicant is entitled to correction of her Army of the United States Certificate of Service to show that she was honorably released from active duty on 17 December 1945 instead of 17 December 1947.
BOARD VOTE:
__fcj___ __cd____ __swf___ 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 issuing the applicant an appropriate document to show that she served from
16 July 1945 to 17 December 1945.
Frank C. Jones, II
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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