IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080000884
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show his date of induction and date of entry into active service as 25 June 1945.
2. The applicant states, in effect, that his WD AGO Form 53-55 incorrectly reflects that he was inducted and entered active duty on 25 June 1946. He also states that the dates of his immunizations and the length of active service indicate that an administrative error exists.
3. The applicant provides a copy of his WD AGO Form 53-55 in support of this case.
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 applicant's WD AGO 53-55 shows he was inducted in the Army of the United States on 25 June 1946 and entered active duty on 25 June 1946. His military occupational specialty (MOS) was 405 (Clerk Typist). The highest grade he attained while serving on active duty was the rank of corporal. He was honorably discharged on 25 November 1946.
3. Item 35 (Latest Immunization Dates) of the applicant's WD AGO 53-55 shows he received the Smallpox vaccine in June 1945, the Typhoid vaccine in May 1946, and the Tetanus vaccine in May 1946.
4. Item 37 (Total Length of Service) shows the applicant completed 1 year, 4 months, and 13 days of continental service.
5. Item 43 (Longevity for Pay Purposes) shows the applicant's pay was computed based upon 1 year, 4 months, and 13 days of service.
6. War Department Form 372A (Final Payment - Work Sheet), in pertinent part, shows the applicant was discharged on 25 November 1946. This form also shows he was debited for 18 days of time lost, which in accordance with section 972 of Title 10 United States Code is not creditable for pay or active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his WD AGO Form 53-55 should be corrected to show his date of induction and date of entry into active service as 25 June 1945 was carefully considered and determined to be with merit.
2. Initial immunizations are typically administered during inprocessing at the Military Entrance Processing Station, the Initial Entry Training Reception Center, or at the Soldier's first duty station. The applicant's WD AGO 53-55 shows he received the Smallpox, Typhoid, and Tetanus vaccines prior to his indicated date of induction and entry into active service (25 June 1946).
3. Both the applicant's WD AGO 53-55 and his War Department Form 372A indicate he was discharged from active service on 25 November 1946. The WD AGO 53-55 credits the applicant with 1 year, 4 months, and 13 days of creditable active service.
4. The War Department Form 372A indicates the applicant was debited for 18 days of non-creditable time lost. The sum of these two periods of time is 1 year, 5 months, and 1 day of total service. When 1 year, 5 months, and 1 day of total service is subtracted from the applicant's discharge date of 25 November 1946;
his date of induction and entry into active service is determined to be 25 June 1945. Therefore, the applicant is entitled to have his record corrected to reflect the correct date of induction and entry into active service.
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 to show his date of induction and date of entry into active service as 25 June 1945.
_ ___X____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080000884
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