RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  
	DOCKET NUMBER:  AR20070016797 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 her WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show the correct date she entered on active duty in the Army of the United States thru the Woman’s Army Auxiliary Corp (WAAC) and to show the correct total length of her service.

2.  The applicant states, in effect, Congress passed Public Law 86-142 that gave women full active duty credit for the time they served in the Women’s Army Auxiliary Corps.  She states that she enlisted on 22 February 1943 but did not begin to receive credit until 5 August 1943.  She also states, in effect, that the total length of her service did not include the period from 22 February 1943 to 
5 August 1943, so she also wants the total length of her service corrected.

3.  The applicant provides a copy of a memorandum dated 17 February 1943, subject:  Call to Active Duty; a copy of her WD AGO 53-55; and a copy of the Retired Army Personnel Bulletin, dated October 1959.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 17 February 1943, the applicant received notification from the Headquarters, Springfield Induction District, Post Office Building, Springfield, Massachusetts, ordering her to report for active duty in the WAAC on
22 February 1943.  She completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 345 (Dispatch Driver).  The highest rank she attained while serving on active duty in the WAAC was Sergeant (E-5). 

3.  The WD AGO Form 22 (Enlistment Record) shows that she enlisted in the Woman’s Army Corps (WAC) on 5 August 1943 without a break in service when the WAAC was redesigned as the WAC.  

4.  The WD AGO Form 53-55 she was issued shows that she was discharged from the WAC on 7 January 1946 after completing a total of 2 years, 5 months, and 2 days of active military service.   

5.  Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the WD AGO
53-55.  

6.  TM 12-235 of the separation documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the WD AGO 53-55.  The instructions for Item 37 (Total Length of Service) are to enter the length of current period of active duty service as represented by continental service and less time lost under AW 103.  The instructions for Item 39 (Prior Service) indicate to enter prior active Federal service.  Example:  “United States Army 3 years,” “United States Marine Corps 3 years.”  For enlisted members of the WAC who were formally in the WAAC, record specific information concerning service in the WAAC: time served, training received, military experience, and rank or grade held at time of termination of WAAC service under “Remarks” in Item 55. 

7.  Item 55 (Remarks) is for the completion of the above item or entry of other items specified by Department of the Army Directives.  The instructions are to enter for enlisted members of the WAC who were formally in the WAAC, specific information concerning service in the WAAC:  time served, training, military experience, and rank and grade held at termination of WAAC service.  

8.  DA PAM 600-1, (Retired Army Personnel Bulletin) Headquarters Department of the Army, Washington, DC, dated October 1959, in an article titled “Woman’s Army Auxiliary Corps Service” stated the Public Law 96-142 approved on 
7 August 1959, authorized credit for all purposes except promotion for service performed in the WAAC after 13 May 1942 and before 30 September 1943 and for the member to receive this additional credit, that member must have performed active service in the Armed Forces after 29 September 1943.

9.  USC Title 10, Public Law 86-142, Chapter 53, Section 1038 (Service Credit: Certain Service in Women’s Army Auxiliary Corps) in pertinent part, states that in computing years of active service of any female member of the armed forces, there shall be credited for all purposes, except the right to promotion, in addition to any other service that may be credited, all active service performed in the Women's Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the Armed Forces after September 29, 1943 service as an officer in the Women's Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that the date she entered the military is incorrect and that the total length of her of service should be corrected to include the time served in the WAAC was found to have merit.

2.  The evidence of record shows that the applicant was ordered to active duty on 22 February 1943 in the WAAC where she served until she enlisted in the WAC on 5 August 1943.  On 7 January 1946 she was honorably discharged from active military service after serving a total 2 years, 10 months, and 16 days; which included 5 months and 2 days of active duty days in the WAAC.  PL 86-142 shows that enlisted female Soldiers who served in the WAAC after 
13 May 1942 and before 30 September 1943, are entitled to have their records corrected to show their total active service.  Therefore, the applicant’s records should be corrected to show that she served a total of 2 years, 10 months, and 16 days in the Army of the Unites States.

3.  The evidence of record shows that the applicant was called to active duty in the WAAC component of the Army of the United States on 22 February 1943 and enlisted in the redesigned WAC component of the Army of the United States on
5 August 1943 without a break in service.  Therefore the applicant’s records should be corrected to show that she began her term of service in the Army of the United States on 22 February 1943.







BOARD VOTE:

x  x__  x_   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:

	a.  Item 23 Date of Enlistment:
			Delete:  5 Aug 43
			Add:  22 Feb 43

      b.  Item 37 Total Length of Service, Continental Service:
			Delete:  "2 Year(s), 5 Month(s), 2 Day(s)"
			Add:      "2 Year(s), 10 Month(s), 16 Day(s)"




	_____x______
                		CHAIRPERSON


      

ABCMR Record of Proceedings (cont)                                         AR20070016797



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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