IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021897
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 that his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show that he enlisted on 2 October 1946.
2. The applicant states he was recruited and enlisted on 2 October 1946 at the age of 17; however, his WD AGO 53 incorrectly reflects that he enlisted on
5 October 1946.
3. The applicant provides a copy of his WD AGO Form 53 and a calendar for the year 1946.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant with his application are sufficient to conduct a fair and impartial review of this case.
3. The available records show the applicant enlisted in the Regular Army at Fort Banks, MA on 5 October 1946. He completed his training and departed for the Asiatic-Pacific Theater (APT) of Operations on 23 December 1946.
4. He departed the APT on 28 February 1948 and he was transferred to Camp Stoneman, CA where he remained until he was honorably discharged on
25 March 1948. He had served 1 year, 5 months and 21 days of active service.
5. War Department Technical Manual 12-236 (Preparation of Separation Forms) served as the authority for the preparation of the WD AGO Form 53. It provides, in pertinent part, that the WD AGO Form 53 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he enlisted on 2 October instead of 5 October 1946 is not in doubt, he has failed to provide evidence to substantiate his claim.
2. Therefore, in the absence of evidence such as his enlistment contract, it must be presumed that his WD AGO Form 53 is correct. Accordingly, there appears to be no basis to grant the applicants request to change his date of enlistment on his WD AGO Form 53.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20130021897
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