IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120007759
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 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of separation as 23 October 1948.
2. The applicant states his date of separation is incorrectly shown as 23 October 1945.
3. The applicant provides copies of:
* WD AGO Form 53
* WD AGO Form 55 (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 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 the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53 shows:
a. in Item 7 (Date of Separation): 23 October 1945;
b. in Item 23 (Date of Enlistment): 24 October 1945;
c. in Item 24 (Date of Entry into Active Duty): 24 October 1945
d. in Item 37 (Total Length of Service):
* Continental Service: 2 years, 7 months, 11 days
* Foreign Service: 2 years, 1 month, 12 days
e. in Item 39 (Prior Service): "Served in Army of the United States from
31 Jan 44 to 23 Oct 45"; and
f. in Item 43 (Longevity for Pay Purposes): 4 years, 8 months, 23 days.
4. The applicant's WD AGO Form 55 shows that he was discharged on
23 October 1948 with an honorable characterization of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53 should be corrected to show his date of separation as 23 October 1948.
2. The applicant's WD AGO Form 53 clearly shows that he initially entered active duty service on 31 January 1944 and served for 4 years, 8 months, and 23 days, or until 23 October 1948.
3. In view of the above, the applicant's request should be granted.
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 showing in Item 7 of his WD AGO Form 53 a separation date of 23 October 1948.
_______ _ 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) AR20120007759
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120007759
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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