IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007281 


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 correction of his date of entry onto active service on his WD AGO Form 53-98 (Military Record and Report of Separation-Certificate of Service).

2.  The applicant states that the date of entry onto active duty shown on his WD AGO Form 53-98 shows the date he was commissioned and does not give credit for his prior enlisted service as an aviation cadet.       

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  WD AGO Form 53-98, dated 6 May 1946.     

	b.  WD AGO Form 55 (Honorable Discharge from the Army of the United States), dated 21 April 1943.

	 c.  WD AGO Form 100 (Separation Qualification Record), dated 6 May 1946.

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.  The applicant's records show he voluntarily enlisted as a Soldier in the Army of the United States, as an aviation cadet, in the rank/grade of private (Pvt)/E-1 on 8 April 1942.  He subsequently attended the Army Air Force Gulf Coast Training Center, Randolph Field, Texas, from 11 August 1942 to 21 April 1943.  

3.  He was honorably discharged from military service by reason of completion of training on 21 April 1943.  The WD AGO Form 55 he was issued at the time shows he completed 1 year and 14 days of military service for longevity pay.

4.  On 22 April 1943, the applicant was appointed and commissioned as a temporary second lieutenant in the Army of the United States, effective 22 April 1943.  He subsequently executed an oath of office and reported for active duty on the same date.  

5.  He was honorably released from active duty in the rank of captain on 6 May 1946.  He completed 3 years and 14 days of creditable service during this period of military service.   

6.  Item 26 (Date of Entry on Active Duty) of the applicant’s WD AGO Form 53-98 shows the entry “22 April 1943.” 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 has been issued by all military services since January 1, 1950.  Before 1 January 1950, several similar forms were used by the military services, such as the WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge), the WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge), the WD AGO 53-58 (Enlisted Record and Report of Separation General Discharge), the WD AGO 53-90 (Certificate of Service), the WD AGO 53-98 (Military Record and Report of Separation-Certificate of Service), and the WD AGO 55 (Honorable Discharge from the Army of the United States).  

8.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form is complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty:

	a.  For enlisted personnel, the date of entry is the date entered on active duty or the date enlistment or reenlistment is accomplished.  If the service record of an enlisted member of the Regular Army indicates that he was discharged from a previous enlistment or reenlistment and immediately reenlisted without being furnished a DD Form 214, the date to be entered in the Date of Entry on Active Duty will be the earliest date not previously covered by a DD Form 214; and  

	b.  For officer personnel, the Date of Entry on Active Duty is the date of entry on current tour of active duty.  For Regular Army officers who were appointed in the Regular Army while on active duty, this date is the date of acceptance of appointment. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted on 8 April 1942 as an aviation cadet and subsequently attended aviation training and was honorably discharged from military service by reason of completion of training on 21 April 1943.  He was issued a WD AGO Form 55 to document this period of enlisted military service.

2.  The evidence of record further shows that the applicant was appointed as a commissioned officer and entered active duty on 22 April 1943 and was honorably released from active duty on 6 May 1946.  Again, he was issued a WD AGO Form 53-98 to document this period of military service.

3.  It appears that the applicant’s military service is documented properly on the appropriate forms in effect at the time.  His service as an enlisted member is documented on a WD AGO Form 55 and his service as an officer is documented on the WD AGO Form 53-98.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  There does not seem to be an error or an injustice in this case. Therefore, there is no corrective action required.  








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___        XXX                ___
                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)                                         AR20080007281



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007281



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1