IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110010060
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 last three digits of his Army Serial Number as 597 instead of 397.
2. The applicant states the Army Serial Number shown on his WD AGO
Form 53-55 is incorrect.
3. The applicant provides a copy of his Honorable Discharge Certificate.
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's official military records as not available. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. Information contained herein was obtained from evidence submitted by the applicant and his AGO Form 01254 (Transcript of Military Record).
3. The applicant was inducted into the Army of the United States on
26 September 1943 and he entered on active duty on 5 March 43. He completed training and he was awarded military occupational specialty 677 (military policeman).
4. He was honorably discharged on 8 January 1946 at the convenience of the Government due to demobilization. Item 2 (Army Serial Number) of the
WD AGO Form 53-55 he was issued at the time shows the last three digits of his Army Serial Number as 397. The Honorable Discharge Certificate he also received at the time shows the last three digits of his Army Serial Number as 597.
5. The applicant's AGO Form 01254 shows the last three digits of his Army Serial Number as 597.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his Army Serial Number is incorrect and the supporting evidence he provided has been carefully considered and determined to have merit.
2. Although the applicant's WD AGO Form 53-55 shows the Army Serial Number that he claims is incorrect, his Honorable Discharge Certificate issued at the same time as his WD AGO Form 53-55 shows the Army Serial Number he claims is correct. Additionally, his AGO Form 01254, dated 20 June 1949, was presumed to be prepared based on review of his military record. This form shows the Army Serial Number he claims is correct. Therefore, it is more than reasonable to presume that the last three digits of the Army Serial Number on his
WD AGO Form 53-55 was incorrectly entered as a result of an administrative oversight. Therefore, his WD AGO Form 53-55 should be corrected accordingly.
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 deleting from item 2 of his WD AGO Form 53-55 the last three digits of 397 and replacing it with the entry 597.
___________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) AR20110010060
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ABCMR Record of Proceedings (cont) AR20110010060
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