IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20130021099
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 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his enlistment date as 30 December 1946 instead of 3 January 1947.
2. He states:
* He enlisted in the U.S. Army in December 1946
* He was sworn in on December 28th [1946]
* The recruiting officer, Sergeant (SGT) JL, then told him to go home and spend the holidays with his family
* Recruiting SGT JL's action caused him not to be classified as a World War II veteran as the Emergency for World War II ended 31 December 1946
* He was rejected by the American Legion because they accept only members with a service date up to 31 December 1946
* He would like to change his entry date to 30 December 1946, just four days earlier than the official date of his enlistment on 3 January 1947
* He is 83 years old and this would be an honor for him to be classified as a World War II veteran
3. He provides:
* WD AGO Form 53-55
* Letter from Army Review Boards Agency
* WD AGO Form Number 21 (Consent of Parents or Guardian)
* Letter from the National Personnel Records Center
* Key Punch Operator's - Information Sheet
* WD Form 372-A (Final Payment - Work Sheet)
* Department of Veterans Affairs (VA) Form 3-7202a (Master Index Card)
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. He provided a WD AGO Form Number 21 signed by his parents on 21 December 1946, indicating they were giving their consent for his enlistment in the Regular Army (RA) for a period of 18 months.
4. His WD AGO Form 53-55, authenticated by him, shows in:
a. item 7 (Date of Separation) he was discharged on 24 May 1948.
b. item 23 (Date of Enlistment) he enlisted in the RA on 3 January 1947.
c. Item 24 (Date of Entry on Active Service) he entered active service on 3 January 1947.
d. item 36 (Service Outside Continental United States and Return) he departed the United States on 5 June 1947, arrived in Alaska on 9 June 1947, departed Alaska on 19 May 1948, and arrived in the United States on 19 May 1948.
e. item 37 (Continental Service/Foreign Service) he served 5 months and
7 days of continental service and 11 months and 15 days of foreign service, which is a total of 1 year, 4 months, and 22 days of active service.
5. His reconstructed records include his WD AGO Form 100 (Separation Qualification Record) and a WD AGO Form 1 (Morning Report) which both show he entered active service on 3 January 1947.
6. He provided a Master Index Card which shows he enlisted on 3 January 1947.
7. On 23 January 1974, the Army Discharge Review Board denied the applicant's request to change his enlistment date to 27 December 1946.
8. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. This regulation directed to enter date of enlistment in item 23 of the WD AGO Form 53-55.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was sworn in on 28 December [1946] and he would like his enlistment date changed to 30 December 1946. Although he provided a WD AGO Form Number 21, which provided him parental consent to enlist in the RA on 21 December 1946, his available service record is void of evidence and he has not provided any evidence which shows he enlisted in the RA on 30 December 1946.
2. The applicant's Master Index Card, WD AGO Form 100, and WD AGO Form 1 confirm he enlisted on 3 January 1947.
3. Regrettably, there is insufficient evidence to support his request for correction of his WD AGO Form 53-55 to show he enlisted on 30 December 1946.
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) AR20130021099
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ABCMR Record of Proceedings (cont) AR20130021099
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