IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120021078 


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 that his records be corrected to show he entered active duty on 8 January 1943.

2.  The applicant states his records incorrectly reflect that he entered active duty on 8 April 1943 instead of 8 January 1943.  He goes on to state that after graduating from college he was ordered to report to Fort Sill, Oklahoma on
8 January 1943 to attend Officer Candidate School (OCS).  He states that he was placed in a training battalion with enlisted Soldiers while attending OCS.

3.  The applicant provides copies of a one-page letter explaining his application, his WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service), a GSA Form 6594 (Certification of Military Service), and his WD AGO Form 100 (Separation Qualification Record).

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant graduated from Yale University and the Reserve Officers’ Training Corps on 19 December 1942.  He was ordered to report to Fort Sill, Oklahoma to attend field artillery OCS on 8 January 1943.  

4.  He served as an officer candidate until he was appointed as a field artillery temporary second lieutenant in the Army of the United States on 8 April 1943.

5.  He departed for Africa on 13 May 1943 and was promoted to the rank of first lieutenant on 17 November 1943.  He departed Africa on 24 December 1945 and was promoted to the rank of captain on 7 January 1946. 

6.  On 9 April 1946, he was honorably released from active duty (REFRAD) and was transferred to the Officer Reserve Corps.  His WD AGO Form 53-98 shows he entered active duty on 8 April 1943, the date he was commissioned as a second lieutenant.

7.  A review of the available records failed to show a separation document for the applicant’s service as an officer candidate during the period 8 January to 
7 April 1943.

8.  The Certification of Military Service provided by the applicant was issued by the National Personnel Records Center (NPRC) in St. Louis, Missouri on 
9 February 1978.  It properly reflects his commissioned service during the period 8 April 1943 to 9 April 1946.

9.  The GSA Form 6954 (Certification of Military Service) is a General Service Administration form and is not considered a military record that may be corrected by the Board. 






DISCUSSION AND CONCLUSIONS:

1.  While there is sufficient evidence to show the applicant served on active duty as an officer candidate from 8 January to 7 April 1943, there is no separation document in the available records to show his service during that period and given that his records were in the 1973 fire at St. Louis, it is reasonable to believe that the document in question (WD AGO Form 53-55) may have been destroyed.

2.  It also appears that the applicant’s WD AGO Form 53-98 properly reflects that he entered active duty in a commissioned officer status on 8 April 1943 and served until his REFRAD on 9 April 1946.  Additionally, his Certification of Military Service also appears to properly reflect his service during the same period.

3.  His WD AGO Form 53-98 should not be altered to add his service as an officer candidate as it was intended to reflect only his commissioned officer service.  It must be presumed that he was issued a WD AGO Form 53-55 for his enlisted service.  Therefore, another form should not be issued.

4.  However, the applicant is not precluded from applying to the NPRC for the issuance of a Certification of Military Service to show his service as an officer candidate, which is normally in the enlisted status of a sergeant E-5, during the period 8 January to 7 April 1943.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others to know that the sacrifices made by the applicant in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20120021078



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ABCMR Record of Proceedings (cont)                                         AR20120021078



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