IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20100027204
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:
* Item 7 (Date of Separation) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 17 October 1948 be corrected to show 18 October 1948
* items 23 (Date of Enlistment) and 24 (Date of Entry Into Active Service) of this WD AGO Form 53-55 be corrected to show 18 October 1945 instead of 18 October 1948
2. The applicant states:
* the date of separation for his first enlistment is 17 October 1945
* the date of his reenlistment is 18 October 1945
* the date of his separation for his second enlistment is 18 October 1948
* it was a clerical error
3. The applicant provides:
* WD AGO Form 53-55 for the period ending 17 October 1945
* WD AGO Form 53-55 for the period ending 17 October 1948
* Orders for the Purple Heart
* DD Form 215 (Correction to DD Form 214)
* DA Form 1577 (Authorization for Issuance of Awards)
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. His 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. His WD AGO Form 53-55 for the period ending 17 October 1945 shows he was inducted into the Army of the United States on 3 November 1943. He served in the European theater of operations and was honorably discharged on 17 October 1945 to reenlist in the Regular Army (RA). Item 55 (Remarks) of this WD AGO Form 53-55 states "Reenlisted by me this 18th day of October 1945."
4. Items 23 and 24 of his WD AGO Form 53-55 for the period ending 17 October 1948 show the entry "18 October 1948." This WD AGO Form 53-55 shows he enlisted in the RA for a period of 3 years. He served in the Asiatic-Pacific Theater of operations and was discharged on 17 October 1948. Item 7 of this WD AGO Form 53-55 shows he was separated on 17 October 1948. Item 37 (Total Length of Service) of this WD AGO Form 53-55 shows he completed
3 years.
5. His total length of service for the period 18 October 1945 through 17 October 1948 is 3 years.
Year(s) Month(s) Day(s)
1948 10 17 (Separation Date)
- 1945 10 18 (Date of Entry)
= 2 11 29
+ 1 (day inclusive)
= 3 00 00
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports his contention he reenlisted in the RA on
18 October 1945. The entry in item 55 of his WD AGO Form 53-55 for the period ending 17 October 1945 which shows he reenlisted on 18 October 1945 is accepted as sufficient evidence on which to amend items 23 and 24 of his WD AGO Form 53-55 for the period ending 17 October 1948.
2. He contends he was separated on 18 October 1948 not 17 October 1948. Evidence shows he enlisted in the RA on 18 October 1945 for a period of
3 years and he completed 3 years. He was separated on 17 October 1948 which is properly shown in item 7 of his WD AGO Form 53-55 for the period ending
17 October 1948. Therefore, there is no basis for granting his request to amend item 7 of his WD AGO Form 53-55 for the period ending 17 October 1948.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ____X___ ____X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting the entries in items 23 and 24 of this WD AGO Form 53-55 for the period ending 17 October 1948 and replacing them with the entries "18 October 1945."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 7 of his
WD AGO Form 53-55 for the period ending 17 October 1948.
_________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) AR20100027204
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100027204
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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