IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008286
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) to show his service number (SN) as "xx x13 xxx."
2. The applicant states:
* his correct SN is "xx x13 xxx"
* it is listed erroneously as "xx x31 xxx" on his discharge
3. The applicant provides:
* Army Separation Qualification Record
* Military identification card
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 the applicant's 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's Army Separation Qualification Record shows his SN as "xx x13 xxx."
4. He was inducted into the Army of the United States on 21 January 1943 and he entered active duty on 28 January 1943. He served in the European Theater of Operations from 13 February 1944 until approximately October 1945. On
24 October 1945, he was honorably discharged.
5. Item 2 (Army Serial Number) of his WD AGO Form 53-55 shows the entry "xx x31 xxx."
6. He provides a military identification card which shows his SN as "xx x13 xxx."
DISCUSSION AND CONCLUSIONS:
The applicant's Army Separation Qualification Record shows he recorded his SN as "xx x13 xxx." Therefore, it would be appropriate to correct his WD AGO Form 53-55 accordingly.
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 current SN entry from his WD AGO Form 53-55 and replacing it with the SN shown on his Army Separation Qualification Record.
_______ _ 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) AR20130008286
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130008286
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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