IN THE CASE OF:
BOARD DATE: 25 June 2009
DOCKET NUMBER: AR20080019172
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 WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of induction as 12 March 1945.
2. The applicant states that he was first inducted into the Army on 12 March 1945 and not on 17 November 1945 as shown on his WD AGO Form 53.
3. The applicant provides, in support of his application, copies of his WD AGO Form 53, WD AGO Form 55 (Honorable Discharge Certificate) and VA
Form 10-P-10 (Application for Hospital Treatment or Domiciliary Care), dated
25 September 1951.
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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant's WD AGO Form 53 shows:
a. no date of induction;
b. an enlistment date of 17 November 1945;
c. an Army Serial Number beginning with RA indicating that he had enlisted in the Regular Army and was not involuntarily inducted into the Army of the United States; and
d. a discharge date of 20 August 1948.
4. The applicant's Honorable Discharge certificate shows that he was discharged on 20 August 1948 from the Regular Army with the rank of private first class.
5. The VA Form 10-P-10, provided by the applicant, shows that he had completed the form on 25 September 1951. He indicated in Item 4 (History of Active Military
Service in the Army) that he had enlisted on 12 March 1945.
6. Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effective at the time, provided for the completion of separation certificates and enlisted records and reports of separation. It stated that WD AGO Form 24-A (Service Record), WD AGO Form 20 (Soldier Qualification Card), and WD AGO Form 100 (Separation Qualification Record) were to be used as a basis for preparing the WD AGO Form 53.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53 should be corrected to add a date of induction of 12 March 1945.
2. The available evidence indicates that the applicant had enlisted in the Regular Army on 17 November 1945. There is no evidence of record showing that he had been inducted on an earlier date.
3. The VA record provided by the applicant wherein he indicated an earlier date of induction is not an acceptable document upon which to base a correction of the WD AGO Form 53.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20080019172
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ABCMR Record of Proceedings (cont) AR20080019172
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