IN THE CASE OF:
BOARD DATE: AR20100011781
DOCKET NUMBER: AR20100012115
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 100 (Separation Qualification Record) to show he was separated on 13 August 1947.
2. The applicant states, in effect, there is a typographical error in item 7 of his WD AGO Form 100 in that it shows he was separated on 13 August 1946.
3. The applicant provides a copy of his WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) and WD AGO Form 100.
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 enlisted in the Regular Army on 28 February 1946. He was awarded and served primarily in military occupational specialty (MOS) 623 (finance clerk typist).
3. The applicant's record shows he served the majority of his period of service in Hawaii and that he was advanced to technician five (currently pay grade E-3) on 24 March 1947 and technician four (currently pay grade E-4) on 26 May 1947.
4. The last entry on his available pay records shows he was paid through 11 July 1947.
5. The applicant's WD AGO Form 53 provides the following:
* his date of entry as 28 February 1946
* his date of separation as 13 August 1947
* his departure from the continental United States (CONUS) to the Pacific Theater of Operations (PTO) on 5 July 1946
* his return to return to CONUS on 7 July 1947
6. The applicant's WD AGO 100 provides the following
* his date of entry as 28 February 1946
* his date of separation as 13 August 1946
* his service in MOS 521 (field artillery basic) for 2 months, general clerk for 5 months; in MOS 623 for 11 1/2 months as a finance clerk typist
7. The WD AGO Form 100 is the only document contained in the applicant's available record that shows a 13 August 1946 date of separation.
DISCUSSION AND CONCLUSIONS:
1. The record clearly shows that the applicant served from 28 February 1946 through 13 August 1947.
2. The year annotated on the applicant's WD AGO 100 is clearly a typographical error and should be corrected to properly reflect his date of separation of
13 August 1947. Therefore, it would be appropriate to correct this error at this time.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by providing the applicant an appropriate document to correct item 7 of his WD AGO Form 100 to show "13 August 1947."
___________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) AR20100012115
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ABCMR Record of Proceedings (cont) AR20100012115
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