IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080006239
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 her husband's, a former service member (FSM), WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of 7 January 1946 be corrected to show the FSM's correct race, marital status, and citizenship.
2. The applicant states that her husband's WD AGO Form 53-55 is incorrect. She states Item 18 (Race) should be marked "White," Item 19 (Marital Status) should be marked "Single," and Item 20 (U.S. Citizen) should be marked "Yes."
3. The applicant provides a copy of the FSM's birth certificate, WD AGO 53-55, and death certificate. She also provides a copy of their marriage certificate and a photograph of the FSM.
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 FSMs military personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973. The only records available to the Board is a Final Payment - Work Sheet and documents provided by the applicant. The primary military personnel record available to this Board was the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of
7 January 1946 submitted by the applicant.
3. The FSM's WD AGO 53-55 shows he was inducted and placed into active service on 16 September 1943 at the age of 20. He served in the European Theater of Operations during the period from 17 April 1944 to 29 December 1945.
4. On 7 January 1946, the FSM was released from active duty by reason of demobilization. He had completed 2 years, 3 months, and 22 days of active service that was characterized as honorable. The FSM's WD AGO 53-55 shows the following entries: Item 11 (Place of Birth) - Scott, Ohio, Item 18 - an "x" indicates race as "Negro," Item 19 - an "x" indicates marital status as "Married," and Item 20 - an "x" indicates U.S. Citizenship as "No."
5. A State of Ohio, Bureau of Vital Statistics Certificate of Birth show the FSM was born in Ohio on 24 December 1922. The certificate shows his father's race as "white" and his birthplace as Laurel County, Kentucky. The certificate shows his mother's race as "white" and her birthplace as Paulding County (Ohio).
6. A marriage certificate shows the applicant and the FSM were married on
14 October 1946 in Angola, Indiana.
7. The Ohio Department of Health Vital Statistics Certificate of Death for the FSM shows his race as "white." The Certificate of Death also shows the FSM's place of birth as Scott, Ohio.
8. The Final Payment - Work Sheet does not show whether or not the FSM was married at the time of his release from active duty on 7 January 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Items 18, 19, and 20 of the FSM's
WD AGO 53-55 are incorrect.
2. The FSM's birth certificate reflects the race of his father and mother as "white." The FSM's death certificate shows his race as "white." Therefore, there is sufficient evidence to change Item 18 of his WD AGO 53-55 to reflect "white."
3. The FSM's birth certificate shows he was born in Ohio and his father and mother were born in the United States. The FSM's WD AGO 53-55 and death certificate show his place of birth as Scott, Ohio. Therefore, there is sufficient evidence to change Item 19 of his WD AGO 53-55 to show he was a U.S. citizen.
4. The Final Payment - Work Sheet does not provide evidence of the FSM's marital status at the time he was released from active duty. The applicant and the FSM were married 9 months after his release from active duty. There is insufficient evidence showing this was his first marriage.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the following items on his WD AGO 53-55:
a. Item 18 - change to reflect FSM's race as "white" instead of "Negro"; and
b. Item 20 - change to reflect "Yes" for U.S. Citizenship instead of "No."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the FSM's marital status.
_ ___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) AR20080006239
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006239
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130006401
The applicant requests that the records of her deceased father, a former service member (FSM), be corrected to show his race as Negro instead of "White." The FSM's military records are not available for review. The evidence submitted by the applicant clearly shows that the FSMs race was Negro and his records should be corrected accordingly.
ARMY | BCMR | CY2004 | 20040004165C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 May 2005 DOCKET NUMBER: AR20040004165 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. Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, his WD AGO Form 53-55 (Enlisted Record and Report of...
ARMY | BCMR | CY2014 | 20140003757
The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. However, at the time of his discharge, his DOB was recorded on his WD AGO Form 53-55 as X September 1927.
ARMY | BCMR | CY2008 | 20080011370
The applicant requests, in effect, that the discharge document of his deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal and the Honorable Service Lapel Button. The evidence of record shows that the FSM's service qualifies him for award of the World War II Victory Medal, and it should be added to Item 29 of the FSM's WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2005 | 20050002381C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. DISCUSSION AND CONCLUSIONS: The applicant provides sufficient evidence to show the FSM was born on 21 December 1923.
ARMY | BCMR | CY2009 | 20090016560
IN THE CASE OF: BOARD DATE: 18 March 2010 DOCKET NUMBER: AR20090016560 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant, the daughter of a deceased former service member (FSM), requests correction of her late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the Army of Occupation Medal, the World War II Victory Medal, and the National Defense Service Medal. Since the FSMs unit did not receive occupation credit during World War II, there is...
ARMY | BCMR | CY2012 | 20120010307
The applicants, daughters of a deceased former service member (FSM), request correction of their father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the: * Bronze Star Medal * Prisoner of War (POW) Medal 2. The applicants also provide a letter from the NPRC which shows the FSM's entitlement to award of the Bronze Star Medal based on his receipt of the Combat Infantryman Badge. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2013 | 20130016863
The applicant also provided a copy of and the FSM's available record contains the following: a. The available evidence shows the FSM was wounded in action on 21 or 22 January 1945 in Belgium, was hospitalized, and discharged with a certificate of disability on 23 August 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding the FSM the Purple Heart for wounds received in action on 22 January 1945 * Adding to...
ARMY | BCMR | CY2006 | 20060009740
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060009740 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. The applicant requests, in effect, to have Item #9 (Permanent Address for Mailing Purposes) and Item #28 (County and State), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge),...
ARMY | BCMR | CY2012 | 20120010496
Through a Member of Congress, the applicant requests correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her deceased father, a former service member (FSM), to document his prisoner of war (POW) status during World War II. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II. As a result, the Board recommends that all Department of the Army records of the...