IN THE CASE OF:	  

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20080019906 


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, through his Congressman, that his deceased father's military record be corrected to show that his father completed grade 12, received a high school diploma, and that his father attended Springfield Trade High School for 4 years. 

2.  The applicant states, through his Congressman, that his deceased father's military record contains several errors on the military education form and that he would like it corrected because of its historical importance to his father's legacy. 

3.  The applicant provides, through his Congressman, a copy of his deceased father's WD AGO Form 53-55 (Enlisted Record and Report of Separation--Honorable Discharge) with a separation date of 19 January 1946, page 2 of a military education form, his father's death certificate, and the applicant's certificate of birth in support of his 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 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 Former Service Member's (FSM) military records are not available 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 were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  The primary record available to this Board for its review is the FSM's WD AGO Form 53-55 with a separation date of 19 January 1946.

3.  The available record shows the FSM was inducted into the Army of the United States on 16 February 1943 and entered active duty on 23 February 1943.  The FSM's military occupational specialty was 409 (Medical Technician).  The applicant arrived in the Asiatic Pacific Theater of Operation on 30 November 1943 and departed on 13 December 1945.  

4.  The FSM was discharged on 19 January 1946.  The reason for separation shown on the WD AGO Form 53-55 was for the convenience of the government due to demobilization of forces.  Records show the FSM had completed 2 years, 11 months, and 4 days of net active service that was characterized as honorable. 

5.  The FSM died on 12 October 1967 of natural causes. 

6.  Upon examination, it is presumed the applicant submitted page 2 of the FSM's WD AGO Form 100 (Separation Qualification Record) which shows the following entries:  item 15 (Highest Grade Completed) "8"; item 16 (Degrees or Diplomas) "None"; item 18 (Name and Address of Last School Attended) "Indian Orchard Mass"; item 19 (Major Course of Study) "None"; and item 21 (Duration) "3 ½ years."

7.  The purpose of the WD AGO Form 100 (Separation Qualification Record) was to assist World War II veterans in post-service employment, education, or any other endeavor by the service member.  Information about civilian education and work experience is based on the Soldier's military personnel service records and supplemented by the Soldier's own statements.  The Separation Qualification Record was designed for a very specific purpose and was not intended as a replacement or substitute for the official records of the Soldier's service.  


8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice exits by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the FSM's son, contends that his deceased father's military record does not accurately reflect his civilian educational accomplishments prior to his induction into the U.S. Army on 16 February 1943. 

2.  The applicant, through his Congressman, did not provide substantiating evidence to show that the FSM's civilian education accomplishments recorded on his WD AGO Form 100 were in error. 

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board does not recommend that those records be changed.  

4.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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.




      _______ _   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)                                         AR20080019906





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ABCMR Record of Proceedings (cont)                                         AR20080019906



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