IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018723
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), dated 21 October 1946, be corrected to show in:
* item 22 (date of Induction) the entry 17 March 1945
* item 25 (place of entry into service) the entry Fort McClellan, Alabama
2. The applicant states that his WD AGO Form 53-55 shows he entered the service on 27 October 1945 at Fort Ord, California when in fact he was inducted on 17 March 1945 at Fort McClellan, Alabama
3. The applicant provides copies of his WD AGO Form 53-55 and his certificate for completion of infantry training (Heavy Weapons Crewman) at Camp Blanding, Florida during the period 2 April to 28 July 1945.
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 and those provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States (AUS) on
17 March 1945 at Fort McClellan, Alabama. He completed his training at Camp Blanding, Florida and was transferred to Fort Ord, California.
4. On 26 October 1945 he was honorably discharged for the purpose of immediate enlistment.
5. On 27 October 1945, he enlisted in the Regular Army (RA) at Fort Ord, California for a period of 1 year and was promoted to the rank of private first class on the same date.
6. On 16 January 1946, he departed for the European Theater of Operations (ETO). He departed the ETO on 3 October 1946 and was transferred to Fort Bragg, North Carolina where he was honorably discharged on 21 October 1946. He had served a total of 1 year, 7 months, and 5 days of active service.
7. His WD AGO Form 53-55 issued at the time of discharge shows that he was an RA Soldier and in item 23 that he enlisted on 27 October 1945. In item 25 it shows that he entered into service at Fort Ord, California. In item 39 (Prior Service) is the entry AUS 7 months and 10 days.
8. Technical Manual (TM) 12-236 (Preparation of Separation Forms) served as the authority for the preparation of the WD AGO Form 53-55 which was subsequently replaced by the DD Form 214 (Certificate of Release or Discharge from Active Duty. It provides, in pertinent part, that a WD AGO Form 53-55 would be provided each time there was a discharge under honorable conditions. It also provided that item 23 (Date of Induction) would be completed for AUS Soldiers and item 24 (Date of Enlistment) would be completed for RA Soldiers. Item 25 (Place of entry into Service) would be completed to reflect the last place the Soldier entered the service.
DISCUSSION AND CONCLUSIONS:
1. While the applicant was in fact inducted on 17 March 1945 at Fort McClellan, Alabama, he was honorably discharged from the AUS on 26 October 1945 and would have been issued a WD AGO Form 53-55 to reflect his service until that date.
2. The applicant enlisted in the RA at Fort Ord, California on 27 October 1945 and served until he was honorably discharged on 21 October 1946 and was issued a WD AGO Form 53-55 which reflects all of his RA service. Additionally, it reflects his prior AUS service of 7 months and 10 days and accounts for all of his AUS and RA service.
3. Accordingly, there is no error or injustice in this case and no basis to grant his request to change his WD AGO Form 53-55.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____________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) AR20130018723
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ABCMR Record of Proceedings (cont) AR20130018723
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