IN THE CASE OF
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130018759
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 53-98 (Military Record and Report of Separation Certificate of Service) to show he was inducted into the Army of the United States (AUS) on 21 April 1942.
2. He states:
* he returned to civilian life in the United States from Japan on 26 May 1946
* he was inducted into the AUS on 21 April 1942, but this date does not appear on his WD AGO Form 53-98
* he entered active service as a commissioned officer on 26 February 1943 and was honorably discharged on 26 May 1946
3. He provides no additional evidence.
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. Block 31 (Remarks) of the applicant's WD AGO Form 66-1 (Officer's and Warrant Officer's Qualification Record) shows he served as an enlisted cadre instructor at Fort McClellan, AL, from 21 April to 17 December 1942 and entered the Officer Candidate School as a student on 21 December 1942. Block 15 (Record of Service (Only Principal Duty)) shows he was assigned to the 784th Military Police Battalion from 26 February to 31 December 1943.
4. He was appointed as a commissioned officer and entered active service on 26 February 1943. He was released from active duty (REFRAD) on 26 May 1946 and he was issued a WD AGO Form 53-98 for this period of active military service. This discharge document does not provide for an entry for prior active service.
5. His WD AGO Form 53-98, authenticated by him, shows in:
a. item 7 (Date of Relief from Active Duty) that he was REFRAD on 26 May 1946;
b. item 26 (Date of Entry on Active Duty) that he entered active service on 26 February 1943; and
c. item 32 (Service Outside Continental United States and Return) that he departed the United States on 15 June 1944, arrived in the Asiatic-Pacific theater of operations on 6 July 1944, departed theater on 29 May 1945, and arrived in the United States on 1 June 1945. He again departed the United States on 1 November 1945, arrived in the Asiatic-Pacific theater of operations on 14 November 1945, departed theater on 1 March 1946, and arrived in the United States on 14 March 1946.
6. A review of his Officer's Pay, Allowance, and Mileage Voucher shows he completed enlisted service from 21 April 1942 to 25 February 1943.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Officer's Pay, Allowance, and Mileage Voucher shows he completed enlisted service from 21 April to 25 February 1943. He should have been issued a discharge document for this period of service. However, his service records are void of a discharge document which covers this period of service.
2. The applicant was appointed as a commissioned officer and ordered to active duty on 26 February 1943. He was REFRAD on 26 May 1946. He was issued a WD AGO Form 53-98 which properly reflects he entered active service for this period on 26 February 1943.
3. His WD AGO Form 53-98 was issued to cover his active military service as a commissioned officer and this discharge document does not provide an entry for prior active service. Therefore, there is no basis for correcting his discharge document to show he was inducted into the AUS on 21 April 1942. However, it would be appropriate to issue the applicant a Transcript of Military Record to reflect his enlisted service (AUS) from 21 April 1942 to 25 February 1943.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
issuing him a Transcript of Military Record to show his enlisted service from 21 April 1942 to 25 February 1943.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to correcting his WD AGO Form 53-98 to show he was inducted on 21 April 1942.
____________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) AR20130018759
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018759
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