IN THE CASE OF:	  

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140009451 


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 reconsideration of his earlier request for correction of his WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) to show his induction date as 12 March 1945 through his Congressional representative.

2.  The applicant states, in effect:

* he was inducted into the Army of the United States (AUS) on 12 March 1945, but his WD AGO Form 53 shows his date of enlistment as 17 November 1945
* he "reenlisted" in the Regular Army (RA) on 17 November 1945 after serving 7 months and 5 days in the AUS as a draftee

3.  The applicant provides:

* Congressional correspondence
* two letters from the National Personnel Records Center (NPRC)
* two War Department Forms 372A (Final Payment – Work Sheet)
* WD AGO Form 53
* Veterans Administration (VA) Form FL 3-39
* VA Form 10-P-10 (Application for Hospital Treatment or Domiciliary Care), dated 25 September 1951
* newspaper extract, dated 5 April 1945
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* two letters from the Michigan Cardio Vascular Institute
* two letters from medical professionals
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20080019172, dated 25 June 2009

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080019172 on 25 June 2009.

2.  The applicant provided new evidence in the form of two War Department Forms 372A and a VA Form FL 3-39 not previously considered by the Board that warrant consideration at this time.

3.  The applicant's military and medical records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  The case is being considered using record extracts from NPRC and the documentation provided with the application.

4.  The applicant's WD AGO Form 53 shows in:

* item 2 (Army Serial Number) – RA XX XXX XXX
* item 3 (Component and Term of Enlistment) – RA 3 years
* item 7 (Date of Separation) – 20 August 1948
* item 22 – no induction date
* item 23 (Date of Enlistment) – 17 November 1945
* item 24 (Date of Entry into Active Service) – 17 November 1945
* item 38 (Prior Service) – AUS 0-7-5 (7 months and 5 days)
* item 43 (Longevity for Pay Purposes) – 3 years, 4 months, and 9 days

5.  An Honorable Discharge Certificate, dated 20 August 1948, filed in the applicant's records shows he completed an honorable period of service in the AUS.  This certificate also shows the applicant was assigned an Army serial number beginning with RA indicating he enlisted in the RA and he was not involuntarily inducted into the AUS.

6.  The applicant's DD Form 214 shows in:

* item 4 (Component and Branch or Class) – Enlisted Reserve Corps Quartermaster Corps
* item 6 (Effective Date of Separation) – 7 August 1951
* item 19 (Date and Place of Entry into Active Duty) – 27 November 1950, Fort Lewis, Washington
* item 23 (Other Service) – 5 years, 7 months, and 15 days
* item 24 (Total Net Service Completed for Pay Purposes) – 6 years, 3 months, and 25 days

7.  The applicant provided Congressional correspondence and two letters from NPRC regarding his date of induction.  He also provided:

	a.  a War Department Form 372A showing his Army Component as "Other Component" and his discharge date as 16 November 1945;

	b.  a War Department Form 372A showing his Army Component as RA and his discharge date as 20 August 1948;

	c.  a copy of his VA Form 10-P-10, dated 25 September 1951, wherein he supplied the information contained on the form.  He indicated his dates of enlistment and dates of discharge were as follows:

* enlistment date – 12 March 1945 and discharge date – 20 August 1948
* enlistment date – 27 November 1950 and discharge date – 7 August 1951

	d.  a newspaper extract, dated 5 April 1945, containing the article, "62 County Men Leave April 12 for Induction."  The article included the applicant's name and stated the individuals would be inducted into the Armed Forces on 12 April in the Detroit Induction Station.

8.  The available records from NPRC are void of Department of the Army records showing the applicant was inducted on 12 March 1945 or 12 April 1945.

9.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided for the completion of separation certificates and enlisted records and reports of separation.

	a.  The WD AGO Form 53 would be used when the WD AGO Form 53-55 was not available.

	b.  The Report of Separation would be completed by using the service record, Soldier qualification card, immunization register, and information ascertained by an interview with the dischargee.

	c.  The WD AGO Form 25 (Extract from Service Record) would be used when the WD AGO Form 53 series was not used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his earlier request for correction of his WD AGO Form 53 to show his induction date as 12 March 1945 was carefully considered.

2.  The prior service block of his WD AGO Form 53 shows he completed 7 months and 5 days of prior service in the AUS before his enlistment on 17 November 1945.  The governing regulation, in effect at the time, stated a WD AGO Form 25 would be prepared when the WD AGO Form 53 series was not used for a discharge or release from active duty.

3.  The applicant's available WD AGO Form 53 covers his service from 17 November 1945 through 20 August 1948.  A different WD AGO Form 53 or WD AGO Form 25 would have been generated to show his prior service.  These forms are not in the current Army records inventory; therefore, a new form cannot be generated.

4.  Although he contends 12 March 1945 was his initial induction date, his WD AGO Form 53 shows he completed 7 months and 5 days of AUS service and his DD Form 214 shows his other service as 5 years, 7 months, and 15 days.  Both forms indicate his induction date would have been 12 April 1945 versus 12 March 1945.

5.  In view of the foregoing, there is an insufficient basis for granting 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 to amend the decision of the ABCMR set forth in Docket Number AR20080019172, dated 25 June 2009.



      ____________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)                                         AR20140009451



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ABCMR Record of Proceedings (cont)                                         AR20140009451



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