IN THE CASE OF:
BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110002581
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 Discharge) to show the 12th Field Hospital, Brussels, Belgium, in addition to Fort Dix, NJ.
2. The applicant states his actual discharge was at the 12th Field Hospital, Brussels, Belgium, and he wants this added to his WD AGO Form 53-55.
3. The applicant provides his WD AGO Form 53-55, a National Archives and Records Administration (NARA) facsimile cover page, a NARA Reference Request Sheet, and a Disabled American Veterans National Service Office letter.
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 applicant's complete 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 the applicant's 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's records show he was inducted into the Army of the United States on 11 December 1942 and entered active duty on 18 December 1942. He held military occupational specialty 055 (General Clerk).
4. His last unit of assignment was the 127th General Hospital. Prior to that assignment, he had been assigned to the 12th Field Hospital.
5. On 18 January 1946, he was honorably discharged in the rank of sergeant by reason of demobilization.
6. Item 6 (Organization) of the WD AGO Form 53-55 he was issued shows the entry "127th General Hospital." Item 8 (Place of Separation) of this form shows the entry "Separation Center, Fort Dix, NJ."
7. Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service. It stated that all entries on the WD AGO Form 53-55 apply only to the current period of active duty. For item 6 of the WD AGO Form 53-55, enter the last unit or similar element to which the Soldier was assigned.
DISCUSSION AND CONCLUSIONS:
The governing regulation stated the WD AGO Form 53-55 reflects the conditions and circumstances that existed at the time the form was created. As such, it is presumed in the absence of evidence to the contrary that the applicant's WD AGO Form 53-55 accurately reflects the last unit he was assigned to at the time of his discharge. Therefore, he is not entitled to the requested relief.
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 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) AR20110002581
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