IN THE CASE OF:	  

		BOARD DATE:	 17 April 2012 

		DOCKET NUMBER:  AR20110019250 


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 36 (Service Outside the Continental United States (CONUS) and Return) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his correct departure date from CONUS and arrival date to the Asiatic-Pacific Theater (APT).

2.  The applicant states the record shows the date of departure as 12 August 1945 and the date of arrival as 5 August 1945.  When he was discharged he did not notice the mistake in those dates.

3.  The applicant provides a self-authored statement, his WD AGO Form 53-55, and 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 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 that 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.

3.  The applicant was inducted into the Army of the United States and entered active service on 3 January 1945.  He held military occupational specialty 657 (Medical Aidman).

4.  He was honorably discharged on 23 October 1946.  His WD AGO Form 53-55 shows in item 36 the following:

DATE OF DEPARTURE
DESTINATION
DATE OF ARRIVAL
12 AUG 45
APT
 5 AUG 45
   7 FEB 46
US
27 FEB 46
   7 JUN 46
APT
 4 AUG 46
   7 AUG 46
US
21 AUG 46
5.  Item 37 (Total length of Service) of his WD AGO 53-55 shows he completed
1 year, 3 months, and 1 day of CONUS service and 6 months and 20 days of foreign service.  This form also shows in item 43 (Longevity for Pay Purposes) he completed a total of 1 year, 9 months, and 21 days of service.

6.  The table below shows his periods of service in CONUS and in the APT.  This table calculates his period of service from his induction date through his discharge date.  Additionally, this table operates on the presumption that the dates he departed CONUS (12 August 1945) and the date he arrived in the APT (5 August 1945) were mistakenly inverted when his WD AGO Form 53-55 was created.

TO
STATUS
FROM
PERIOD OF TIME
US
TOTALS
APT
TOTALS
3 Jan 45
US SVC
11 Aug 45
7 mos, 8 dys
7 mos, 8 dys
 
12 Aug 45
APT SVC
26 Feb 46
6 mos, 14 dys +1 dy
 
6 mos, 15 dys
27 Feb 46
US SVC
3 Aug 46
5 mos, 7 dys +1 dy 
5 mos, 8 dys
 
4 Aug 46
APT SVC
20 Aug 46
16 dys +1 dy
 
17 dys
21 Aug 46
US SVC
23 Oct 46
2 mos, 2 dys +1 dy
2 mos, 3 dys
 
 
 
 
 Totals
1 yr, 2 mos,
19 dys
7 mo, 2 dys
7.  The calculations show he completed 1 year, 2 months, and 19 days of service in CONUS and 7 months and 2 days of foreign service in the APT.  The sum of these two periods of service equals 1 year, 9 months, and 21 days as recorded in Item 43 his WD AGO Form 53-55.

8.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides to complete item 36 of the
WD AGO Form 53-55 by listing the dates of departure from and arrival to each specified destination.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he departed CONUS on
12 August 1945 and arrived in the APT on 5 August 1945.  He could not have arrived in the APT before he departed CONUS; therefore, it is clear the dates are incorrect.

2.  It is logical to conclude that the dates were mistakenly inverted at the time the form was created and that his date of departure from CONUS was 5 August 1945 and his date of arrival in the APT was 12 August 1945.  Therefore, he is entitled to correction of his records to show the correct dates.

3.  Additionally, by inverting these dates and calculating his service time, the end result equals the period of service of 1 year, 9 months, and 21 days as shown in Item 43 his WD AGO Form 53-55.

4.  Further, by adding the periods of service together, it was determined the lengths of service shown in item 37 are incorrect.  Calculations show he completed 1 year, 2 months, and 19 days of CONUS service and 7 months and
2 days of foreign service.

5.  In view of the foregoing, the applicant's WD AGO Form 53-55 should be corrected as recommended below.


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 should be corrected by:

	a.  Deleting from item 36 of his WD AGO Form 53-55 the entry "12 August 1945" and replacing it with the entry "5 August 1945";

	b.  Deleting from item 36 of his WD AGO Form 53-55 the entry "5 August 1945" and replacing it with the entry "12 August 1945";

	c.  Deleting from item 37 of his WD AGO Form 53-55 the entry "1  3  1" and replacing it with entry "1  2  19"; and

	d.  Deleting from item 37 of his WD AGO Form 53-55 the entry "0  6  20" and replacing it with the entry "0  7  2."



      ___________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)                                         AR20110019250



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ABCMR Record of Proceedings (cont)                                         AR20110019250



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