DOCKET NUMBER: AR20130020759
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 the date of induction as 6 April 1945 and date of separation as 30 December 1946. In effect, he requests consolidation of his first WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) for the period 6 April 1945 to 30 November 1945 and his second WD AGO Form 53-55 for the period 1 December 1945 to 30 December 1946.
2. The applicant states, in effect, he completed two periods of active duty and he did not have a break in service. If he did, he never received any paperwork to that effect.
3. The applicant provides:
* Honorable Discharge Certificate, dated 30 December 1946
* Honorable Discharge Certificate, dated 30 November 1945
* WD AGO Form 53-55 (6 April 1945 to 30 November 1945)
* WD AGO Form 53-55 (1 December 1945 to 30 December 1946)
* back page of WD Form 100 (Separation Qualification Record)
* Veterans Application for Pension or Compensation for Disability Resulting from Active Military or Naval Service
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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records which primarily consist of his WD AGO Forms 53-55.
3. The applicant's initial WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty in Philadelphia, PA, on 6 April 1945. At the time of separation, he held military occupational specialty 271 (Longshoreman).
4. He was honorably discharged on 30 November 1945 for the purpose of enlisting in the Regular Army in accordance with War Department Circular Number 310-45. He completed 7 months and 25 days of total service during this period.
5. He was issued an Honorable Discharge Certificate for his active duty service ending on 30 November 1945.
6. He enlisted in the Regular Army at Fort Lawton, WA, on 1 December 1945. He subsequently served in Alaska. He held military occupational specialty 566 (Duty Noncommissioned Officer) at the time of his separation from this period.
7. He was honorably discharged on 30 December 1946 at Madigan General Hospital and he was issued a Certificate of Disability for Discharge. He completed 1 year and 28 days of total service during this period.
8. He was also issued an Honorable Discharge Certificate for his active duty service for the period ending 30 December 1946.
9. War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component. A separate WD AGO Form 53-55 (and/or DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)) was issued for each period of enlistment, induction, or reenlistment. The Army discontinued issuing a separate DD Form 214 for each period of reenlistment in October 1979.
DISCUSSION AND CONCLUSIONS:
1. He was inducted into the Army of the United States on 6 April 1945 and he was honorably discharged on 30 November 1945 for the purpose of enlisting in the Regular Army. He was issued a WD AGO Form 53-55 that captured this period of active duty service.
2. He enlisted in the Regular Army on 1 December 1945 and he was honorably discharged on 30 December 1946 with a Certificate of Disability. He was also issued a WD AGO Form 53-55 that captured this period of active duty service.
3. At the time the applicant served on active duty, the Army issued a separation document for each period of active duty, regardless of whether there was a break in service.
4. Consolidation of two or more separation documents was not authorized at the time of his service and this practice remains so today. Therefore, the applicant is not entitled to the requested relief.
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 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) AR20130020759
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ABCMR Record of Proceedings (cont) AR20130020759
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