BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005379
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 item 7 (Date of Separation) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. The applicant states item 7 of his WD AGO Form 53-55 should show read 14 December 1945 as shown on the top of this document.
3. The applicant provides a copy of his WD AGO Form 53-55.
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 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 (NPRC) in 1973. It is believed his 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. This case is being considered using reconstructed records which primarily consist of his WD AGO Form 53-55 and WD AGO Form 100 (Separation Qualification Record.
3. The applicants WD AGO Form 100 shows he was inducted into the Army of the United States and entered active duty on 10 March 1943 and continued to serve until he was honorably discharged on 14 December 1945.
4. His WD AGO Form 53-55 shows:
a. it was issued on 14 December 1945;
b. the entry 14 December 1944 in item 7;
c. he served in the Southwest Pacific Theater of Operations from 16 January 1944 to 25 November 1945 in item 36 (Service Outside Continental United States and Return); and
d. he completed a total of 2 years, 9 months, and 12 days of creditable active military service for the period it covered for the period covered.
5. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, contained item by item entry instructions. These instructions state to enter the date of separation in item 7.
DISCUSSION AND CONCLUSIONS:
His WD AGO Form 53-55 confirms he entered active duty on 10 March 1943; served in the Southwest Pacific area from 16 January 1944 to 25 November 1945; completed a total of 2 years, 9 months, and 12 days total active service for the period it covered; and that it was issued on 14 December 1945. Therefore, it is clear an error occurred when item 7 of this document was prepared listing the entry 14 December 1944 and it should be corrected 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:
a. amending item 7 of his WD AGO Form 53-55 to delete the current entry replace it with the entry 14 December 1945; and
b. issuing him a correction to this document to reflect this change.
_______ _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) AR20110005379
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