IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20130012899
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, the widow of a deceased former service member (FSM), requests correction of the FSM's records to show a service characterization.
2. The applicant states block 11a (Type of Transfer or Discharge) of the FSM's Report of Transfer or Discharge is blank.
3. The applicant provides a copy of the FSM's discharge document and his death 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 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 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. Information herein was obtained from documents provided by the applicant.
3. The applicant provided a discharge document pertaining to the FSM entitled Report of Transfer or Discharge Armed Forces of the United States. It cannot be determined where this document was prepared, as at the time of his separation he would have been issued a WD AGO Form 53-55 (Enlisted Record and Report of Separation). This document shows:
a. his service from 21 January 1941 through 28 September 1945;
b. his separation for the convenience of the government under the provisions of Army Regulation 615-365 (Enlisted Personnel Discharge Convenience of the Government), section RR 1-1, for demobilization;
c. he was awarded or authorized the American Defense Service Medal, Asiatic-Pacific Theater Campaign Ribbon, and World War II Honorable Service Lapel Button.
4. The FSM's discharge document is blank in a significant number of blocks, including but not limited to:
* block 11a (Type of Discharge or Transfer)
* block 13a (Character of Service)
* block 13b (Type of Certificate Issued)
5. Army Regulation 615-365, in effect at the time, provided guidance for separation of enlisted members for the convenience of the government. Section RR 1-1 pertained to the honorable discharge of service members due to demobilization.
DISCUSSION AND CONCLUSIONS:
1. The FSM was discharged in accordance with the provisions for an honorable discharge and issued an Honorable Service Lapel Button, indicating his receipt of an honorable discharge.
2. The FSM's discharge document is blank regarding the characterization of his service. Based on the above factors, the FSM's character of service should have been shown as honorable. At this time the FSM's records should be corrected by preparing an appropriate document to show he was discharged with an honorable characterization of service. It would also be appropriate at this time to issue an Honorable Discharge Certificate:
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 preparing an appropriate document to show he was discharged with an honorable characterization of service on 28 September 1945 and to issue to the applicant an Honorable Discharge Certificate for him.
_____________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) AR20130012899
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ABCMR Record of Proceedings (cont) AR20130012899
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