IN THE CASE OF:
BOARD DATE: 18 JUNE 2009
DOCKET NUMBER: AR20080018033
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, in effect, correction of his records to show his correct dates of service.
2. The applicant states, in effect, his original date of enlistment is incorrect and that his DD Form 214 (meaning his WD AGO Form 53-98) does not show his reserve status from 5 May 1949 through 3 December 1978. He adds that he attended the Command and General Staff College at Fort Leavenworth, Kansas.
3. The applicant provides an Honorable Discharge Certificate, a WD AGO 53-98 (Military Record and Report of Separation Certificate of Service), and an Enlisted Record in support of this application.
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 Enlisted Record shows he was inducted into the Army on
15 September 1942 and was honorably discharged on 8 September 1943 for the purpose of accepting an appointment as a second lieutenant.
3. On 9 September 1943, he was appointed and commissioned in the Army of the United States as a second lieutenant. His WD AGO Form 53-98 shows he served in the European Theater of Operations from 25 May 1944 to 14 October 1945 and was released from active duty in the rank of first lieutenant on
7 January 1946.
4. The applicant was transferred to the US Army Reserve (USAR) on 7 January 1946 and continued to serve in the USAR until he was placed on the retired list on 12 March 1978.
5. The applicant provided an Enlisted Record which covers his enlisted service from 15 September 1942 through 8 September 1943.
6. The WD AGO 53-98 provided by the applicant covers his period of active duty service as a commissioned officer from 9 September 1943 through 7 January 1946.
7. The applicant's records include a Chronological Record of Military Service which summarizes his military service time.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Enlisted Record is his enlisted separation document. This document reflects his enlisted service from his induction on 15 September 1942 until his discharge on 8 September 1943. His WD AGO Form 53-98 was meant to reflect only his service resulting from his entry on active duty in a commissioned status. There is no error in the WD AGO Form 53-98 not reflecting his original enlistment date.
2. The applicant continued to serve in the USAR after his release from active duty in January 1946. However, the WD AGO Form 53-98 is only meant to be a reflection of data and information as it existed on the date of his separation from active duty. Subsequent service is not recorded on that WD AGO Form
53-98.
3. The applicant's service in the USAR, to include his attendance of the Command and General Staff College, is currently reflected on his Chronological Record of Military Service. Since this service and military education was completed after his release from active duty and transfer to the Reserve, it is not to be added to his WD ADO form 53-98. As a result, his records are correct as currently constituted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ _____X___ 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) AR20080018033
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