BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140010586
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 the last digit of his Army Serial Number as 4 instead of 1.
2. The applicant states, in effect, the Army Serial Number shown on his WD AGO Form 53-55 is incorrect.
3. The applicant provides his WD AGO 53-55 and Honorable Discharge Certificate.
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 official military records as not available. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost 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. The applicant enlisted into the Army of the United States on 25 June 1942 and he entered on active duty on 30 January 1943.
4. He was honorably discharged on 25 March 1946 at the convenience of the Government due to demobilization. Item 2 (Army Serial Number) of the
WD AGO Form 53-55 and his Honorable Discharge Certificate issued at the time of his discharge show the last digit of his Army Serial Number as 1.
5. His War Department Form 372A (Final Payment-Work Sheet) shows the last digit of his Army Serial Number as 4.
DISCUSSION AND CONCLUSIONS:
His Final Payment-Work Sheet issued at the time of his discharge shows the Army Serial Number he claims is correct. It is more than reasonable to presume that the last digit of the Army Serial Number shown on his WD AGO Form 53-55 was incorrectly entered as a result of an administrative error. Therefore, his WD AGO Form 53-55 should be corrected accordingly.
___X_____ ____X____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the Army Serial Number shown on his WD AGO Form 53-55 and
replacing it with the Army Serial Number shown on his Final Payment-Work Sheet.
__________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) AR20140010586
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ABCMR Record of Proceedings (cont) AR20140010586
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