IN THE CASE OF:
BOARD DATE: 25 June 2009
DOCKET NUMBER: AR20090003857
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 53-55 (Enlisted Record and Report of Separation-Honorable Service) to show he was honorably separated on 19 November 1952 instead of 2 April 1946.
2. The applicant states that he completed 2 years of active service and 6 years of Reserve service and that his record is in error in that it does not document his Reserve service.
3. The applicant provides a copy of his WD AGO Form 53-55 and a copy of his Honorable Discharge Certificate, dated 2 April 1946; a DA Form 1383 (Annual or Terminal Statement of Retirement Points); and his Honorable Discharge Certificate, dated 19 November 1952, in support of his request.
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 January 1944 and entered active duty at Fort Sam Houston, TX, on 26 January 1944. This form also shows that at the time of separation, the applicant held military occupational specialty (MOS) 055 (Mail Clerk).
4. The applicants WD AGO Form 53-55 shows he departed the United States on 11 October 1944 and arrived in the European-African-Middle-Eastern (EAME) Theater of Operations on 8 November 1944. He departed the EAME Theater of Operations on an unknown date and arrived back in the United States on 26 March 1946.
5. The applicants WD AGO Form 53-55 shows he completed 8 months and 21 days of continental service and 1 year, 5 months, and 16 days of foreign service. He was honorably discharged on 2 April 1946.
6. There is no indication in the applicants reconstructed record that he performed any other period of active service subsequent to his separation.
7. The applicants reconstructed record shows that he apparently enlisted in the Enlisted Ready Reserve (ERC), on an unknown date. He was honorably discharged on 19 November 1952.
8. The applicants National Archives (NA) Form 13038 (Certification of Military Service), dated 2 April 1977, confirms that the applicant served from 5 January 1944 to 2 April 1946 (erroneously shown as 1945).
9. War Department Technical Manual 12-236 (Preparation of Separation Forms) prescribed the policies and procedures for the preparation of separation forms. It states, in pertinent part, that the purpose of the separation form is to provide the veteran with a separation certificate and a military or enlisted record and report of separation. The WD AGO Form 53-55 is prepared for all enlisted personnel separated from the service due to discharge, release from active duty or transfer to a Reserve Component, or retired. Item 7 of the WD AGO Form 53-55 reflects the date of separation from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the date of separation shown on his WD AGO Form 53-55 should be corrected to show 19 November 1952 instead of 2 April 1946.
2. The evidence of record shows that the applicant entered active duty on 26 January 1944 and was honorably separated on 2 April 1946. Both dates are correctly shown on his WD AGO Form 53-55. The WD AGO Form 53-55 captures a veteran's period of active service and is not used to document Reserve Component and/or Army National Guard periods of service.
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) AR20090003857
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