IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130021336
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 the induction center (item 25, Place of Entry into Service) listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) from "FORT LEAR KANSAS" to "FORT LEAVENWORTH KANSAS."
2. The applicant states the current entry is the result of a typing error.
3. The applicant provides his WD AGO Form 53-55.
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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 June 1943 and entered into active service on 30 June 1943. His WD AGO Form 53-55 shows "FORT LEAR KANSAS" in item 25.
DISCUSSION AND CONCLUSIONS:
There is no evidence that "FORT LEAR KANSAS" is an actual place. Therefore, given that the location entered in item 25 was clearly a typographical error, it would be appropriate to amend the entry in item 25 to show "FORT LEAVENWORTH, KANSAS."
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 amending item 25 of his WD AGO Form 53-55 to show "FORT LEAVENWORTH, KANSAS."
___________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) AR20130021336
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130021336
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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