IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110024283
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 his Army Serial Number as xx 737 xxx instead of xx 376 xxx.
2. The applicant states his discharge certificate and his dog tags show the correct Army Serial Number.
3. The applicant provides his WD AGO Form 53-55, his Army of the United States Honorable Discharge Certificate, and a photograph of his Army identification tags.
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 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of:
* a WD AGO Form 53-55
* Army of the United States Honorable Discharge Certificate
* a WD Form 372A (Final Payment-Worksheet)
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States at Fort Myer, VA on 17 March 1943 and entered active service on 24 March 1943. At the time of separation, he held military occupational specialty 405 (Clerk Typist) and he was assigned to the 96th Troop Carrier.
4. His WD AGO Form 53-55 also shows he completed 11 months and 8 days of continental service and 1 year and 20 days of foreign service. He was honorably discharged on 21 November 1945. Item 2 (Army Serial Number) shows "xx 376 xxx.
5. The applicants WD Form 372A shows his full name as it is shown on his
WD AGO Form 53-55; however, his Army Serial Number is shown as xx 737 xxx.
6. The applicant provides a copy of his Army of the United States Honorable Discharge Certificate and a photograph of his Army identification tags. Both documents show his Army Serial Number as xx 737 xxx.
7. War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component. This manual states that item 2 shows the Army Serial Number held by the enlisted member at the time of separation from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his WD AGO Form 53-55 should be corrected to show his Army Serial Number as "xx 737 xxx" was carefully considered and determined to have merit.
2. The applicant's Army Serial Number appears consistently as "xx 737 xxx" on his final payment record, discharge certificate, and identification tags. It appears the Army Serial Number listed on the applicants WD AGO Form 53-55 was the result of a typographical error. Therefore, he is entitled to correction of the Army Serial Number listed on his WD AGO Form 53-55.
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 the Army Serial Number from item 2 of his WD AGO Form 53-55 and adding the Army Serial Number as it is listed on his Honorable Discharge Certificate.
__________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) AR20110024283
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024283
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