IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080006080
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, the widow of the deceased former service member (FSM), requests correction of the FSMs Enlisted Record and Report of Separation Certificate of Service (WD AGO Form 53-280) to show his correct date and place of birth, date of separation from active duty, and permanent address for mailing purposes.
2. The applicant states that these errors are delaying the acquisition of a headstone for the FSM.
3. The applicant provides copies of the FSMs birth and death certificates, WD AGO Form 53-280, Honorable Discharge Certificate from the Army of the United States, and a letter from the National Personnel Records Center with attached questionnaire.
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 FSM's 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 FSM's records were lost or destroyed in that fire. However, there are sufficient documents remaining for the Board to conduct a fair and impartial review of this case.
3. On 25 January 1949, the FSM enlisted in the Regular Army for 3 years.
4. On 9 January 1950, the FSM was released from active duty and transferred to the Enlisted Reserve Component for a period of 5 years.
5. The FSMs WD AGO Form 53-280 shows the following:
a. Item 7 (Date of Separation) 9 January 1950. Original entry was typed over with Xs, and the correct date entered in the space;
b. Item 9 (Permanent Address for Mailing Purposes) shows 2015 Wantia Avenue, Middletown, Ohio. [A current map of Middletown does not show an avenue or street by this name. It does show a street by the name of Wanetta];
c. Item 10 (Date of Birth) shows 31 January 1935; and
d. Item 11 (Place of Birth) shows Monaoa, Pennsylvania. The map of Pennsylvania does not show a place by this name but it does show Monaca.
6. The FSMs birth certificate show that he was born on 18 June 1931 in Monaca, Beaver County, Pennsylvania.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the FSMs date and place of birth, and his mailing address were incorrectly entered on his WD AGO Form 53-280. Therefore, these entries should be corrected.
2. Furthermore, the type over of the FSMs date of separation from active duty on his WD AGO Form 53-280 is not an acceptable correction and could be a cause of concern with regard to its authenticity. Therefore, this entry also should be properly corrected.
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, in particularly the WD AGO Form 53-280, be corrected on an appropriate document to show in Item 7 his date of separation as 9 January 1950; in Item 9 his permanent mailing address as 2015 Wanetta Street, Middletown, Ohio; in Item 10 his date of birth as 18 June 1931; and in Item 11 his place of birth as Monaca, Pennsylvania.
__________ _ 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080006080
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