IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020493
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, in effect, correction of item 6 (Date of Entry Into Active Service) of his WD AGO Form 100 (Army of the United States Separation Qualification Record) to show he entered on active duty on 29 September 1943, as shown in item 24 (Date of Entry Into Active Service) of his WD AGO Form 53-55 (Army of the United States Honorable Discharge).
2. The applicant states, in effect, item 6 of his WD AGO Form 100 reflects an entry date of 29 September 1942. He entered active duty on 29 September 1943. He served his country and would like for his records to be correct. In effect, his WD AGO Form 100 also shows he completed high school in 1943.
3. The applicant provides copies of his WD AGO Forms 100 and 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 the cases 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.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, these sufficient documentation contained in a reconstructed record and that submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's provided a copy of his WD AGO Form 100 which lists in:
* Item 6 29 September 1942
* Item 7 (Date of Separation) 10 February 1946
* Item 15 (Highest Grade Completed) 4 Years High School
* Item 17 (Year Left School) 1943
4. His available record contains and he provided a copy of his WD AGO Form 53-55 which lists in:
* Item 7 (Date of Separation) 10 February 1946
* Item 10 (Date of Birth) XX May 1925
* Item 21 (Civilian Occupation and No.) Student High School Academic 0-X
* Item 22 (Date of Induction) 8 September 1943
* Item 24 29 September 1943
* Item 37 (Total Length of Service) he was credited with completing:
* 10 months and 4 days of continental service
* 1 year, 6 months, and 8 days of foreign service
* Item 55 (Remarks) "Inactive Service Enlisted Reserve Corps (ERC) from 8 September through 28 September 1943"
5. His continental and foreign service equals 2 years, 4 months, and 12 days.
6. He was 18 years, 4 months, and 7 days of age at the time of his entry on active duty. The period from 29 September 1943 through 10 February 1946 equals 2 years, 4 months, and 12 days.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant completed high school in 1943, served in the ERC from 8 through 28 September 1943, and he entered active duty on 29 September 1943. His service from 29 September 1943 through 10 February 1946 equals the total amount of creditable service shown in item 37 of his WD AGO Form 53-55.
2. As a matter of equity in this case, there is sufficient evidence to support correction of item 6 of his WD AGO Form 100 by issuing an appropriate amending document showing he entered active duty on 29 September 1943.
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 issuing an appropriate document amending item 6 of his WD AGO Form 100 to show he entered active duty on 29 September 1943.
____________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) AR20140020493
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140020493
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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