IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004202
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 Honorable Discharge Certificate (reverse side of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)) to show his Army service number (ASN) as "XX 871 XXX" instead of "XX 781 XXX."
2. The applicant states his ASN is incorrect on his Honorable Discharge Certificate; however, it is correct on his WD AGO Form 53-55.
3. The applicant provides copies of his:
* WD AGO Form 53-55 for the period ending 21 March 1946
* Army of the United States Honorable Discharge Certificate, dated 21 March 1946
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 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. This case is being considered using the documents provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 28 July 1943 and entered active service on 18 August 1943.
4. He was honorably discharged in the rank of staff sergeant on 21 March 1946. Item 2 (Army Serial Number) of his WD AGO Form 53-55 shows his ASN as "XX 871 XXX." The applicant's ASN appears as "XX 781 XXX" on his Honorable Discharge Certificate (the reverse side of his WD AGO Form 53-55).
5. The applicant's reconstructed military records contain documentation prepared by the National Personnel Records Center which identifies the applicant's ASN as "XX 871 XXX."
6. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, release from active duty, or transfer to a Reserve Component. This manual stated that item 2 showed the ASN held by the enlisted member at the time of separation from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the ASN shown on his Honorable Discharge Certificate (the reverse side of his WD AGO Form 53-55) is incorrect.
2. The National Personnel Records Center documentation identifying the applicant's ASN as "XX 871 XXX" is accepted as sufficient evidence to substantiate the applicant's claim. It appears the ASN recorded on his Honorable Discharge Certificate was the result of a typographical error. Therefore, he is entitled to correction of the ASN recorded on his Honorable Discharge Certificate to read "XX 871 XXX" as shown 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 the evidence presented is 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 ASN shown on his Honorable Discharge Certificate and replacing it with the ASN shown on his WD AGO Form 53-55.
_______ _ 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) AR20120018357
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004202
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