IN THE CASE OF:	  

		BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130020550 


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 records to show he was issued an honorable discharge instead of a general discharge on 22 October 1947.  

2.  He states, in effect:

	a.  he received an honorable discharge for his first tour of duty during World War II from 4 December 1944 to 4 February 1946.

	b.  during his second tour of duty from 5 February 1946 to 22 October 1947 he should have been issued an honorable discharge, but honorable discharge forms were not available at the time and he was issued a General Discharge form.

	c.  after he returned stateside, he received a letter, dated 16 December 1947, from the Department of the Army stating he should have received an honorable discharge.  He was advised that he should contact the Department of the Army to have this corrected.  However, this paperwork was filed in a safe place and the issue was never addressed.  

	d.  he believes he is entitled to the corrected documentation so that if he requires veteran benefits he will have full consideration under an honorable discharge.



3.  He provides a letter from the Department of the Army, his WD AGO Form 
53-55 (Enlisted Record and Report of Separation - Honorable Discharge), and his WD AGO Form 53-58 (Enlisted Record and Report of Separation - General Discharge). 
 
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 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 WD AGO Form 53-55 shows he was inducted into the Army of the United States (AUS) on 4 December 1944 and he was honorably discharged on 4 September 1946 for the purpose of immediate reenlistment.  This period of service equals 1 year, 9 months, and 1 day.  However, this WD AGO Form 53-55 also shows he completed 4 months and 20 days of continental service and 9 months and 11 days of foreign service, which is a total of 1 year, 2 months, and 
1 day of active military service.  

4.  His WD AGO Form 53-58 shows he served in the Regular Army (RA) from
5 February 1946 to 22 October 1947 and he was issued a general discharge.

5.  He provides a letter, dated 16 December 1947, from the Adjutant General, which informed him that it had been determined by this office that he should have been furnished an Honorable Discharge Certificate on a WD AGO Form 55 and such certificate had been prepared and agencies concerned had been notified.  He was advised to return his General Discharge Certificate to Demobilized Personnel Records Branch, Records Administration Center, St. Louis, MO, for cancellation, referring to this letter.  He was also informed that upon receipt thereof the Honorable Discharge Certificate would be mailed to him.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was initially inducted into the AUS on 4 December 1944 and he was honorably discharged on 4 February 1946.  

2.  However, the WD AGO Form 53-55 he was issued for his initial period of service shows he was honorably discharged on 4 September 1946.  Therefore, it would be appropriate to amend this WD AGO Form 53-55 to show his discharge date as 4 February 1946 instead of 4 September 1946.

3.  He enlisted in the RA on 5 February 1946 and was discharged on 22 October 1947.  He was issued a WD AGO Form 53-58 and a General Discharge Certificate.  The WD AGO Form 53-58 shows his prior period of honorable service from 4 December 1944 through 4 February 1946.

4.  In a 16 December 1947 letter, he was informed that he should have been furnished an Honorable Discharge Certificate on a WD AGO Form 55.  He was instructed to return his General Discharge Certificate and the Honorable Discharge Certificate would be mailed to him.  

5.  Although it appears he did not return his general discharge, it would be appropriate now to correct his records to show he was issued an honorable discharge on 22 October 1947.

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:

	a.  issuing him an Honorable Discharge Certificate, dated 22 October 1947, in lieu of the General Discharge Certificate of the same date he now holds; 

	b.  issuing him a new separation document reflecting the above correction; and 

   c.  deleting the entry "4 Sept 1946" from his initial WD AGO Form 53-55 and replacing it with the entry "4 Feb 1946."



      _______ _   _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)                                         AR20130020550



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ABCMR Record of Proceedings (cont)                                         AR20130020550



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