IN THE CASE OF:	

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150002299 


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 he was enlisted on "19 October 1942" and he was separated on "9 October 1945."

2.  The applicant states his WD AGO Form 53-55 shows he was enlisted on "21 October 1942" and he was separated on "5 October 1945."  The WD AGO Form 53-55 on record does not have his thumb print in item 54 (Right Thumb Print) nor his signature in item 56 (Signature of Person Being Separated).  He was never afforded the opportunity to review this document prior to being released.  He would have noted the inconsistency and error in the dates at the time.  The dates are incorrect.  He has published seven books with military history and would appreciate the correction of his own records for historical value.  He is a decorated World War II veteran and this needed correction to his legacy is important to his family and loved ones.

3.  The applicant provides a copy of 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 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 sufficient 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, there was sufficient documentation contained there and the WD AGO Form 53-55 provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records contain the following:

   a.  A WD AGO Form 53-55 listing:

* Item 7 (Date of Separation) – 5 October 1945
* Item 23 (Date of Enlistment) – 21 October 1942
* Item 24 (Date of Entry Into Active Service) – 21 October 1942
* Item 37 (Total Length Of Service) – 2 years, 2 months, and 14 days of continental service and 9 months and 2 days of foreign service
* Item 43 (Longevity For Pay Purposes) – 2 years, 11 months, and 16 days
* Item 54 – the entry, "Impressed"
* Item 56 – his typed full name
* Item 57 (Personnel Officer (Type Name, Grade, and Organization – Signature) – personnel officer's typed name, grade, and organization
* the entry "Received for record this 8th day of October 1945 at 10:55 a.m."

   b.  A WD Form 372-A (Final Payment – Work Sheet) showing he was discharged on "5 October 1945."

   c.  An Army of the United States (AUS) Honorable Discharge Certificate showing he was discharged on "5 October 1945."

4.  Technical Manual 12-236 (Preparation of Separation Forms), dated April 1945, governed the preparation and distribution of the various separation forms for enlisted personnel.  WD AGO Form 53-55 is one of five different separation forms used during this time frame.  Chapter 3 of the manual specified what information was to be entered in each of the blocks of the WD AGO Form 53-55.  The instructions stated:

* Items 7 and 23 – would indicate the entries were self-explanatory, which meant that the dates that the member separated and entered active duty service for the period covered by that separation document would be entered
* Items 24, 37, and 43 – would indicate the date that the member entered into active service, the total length of service completed, and the total length of service completed for pay purposes for the period covered by that separation document would be entered
* Item 54 – would contain the impression of the individual's right thumb print on the original and final indorsement copy only
* Item 56 – would contain the signature of the individual being separated
* Item 57 – type the name, grade, and organization of the personnel officer completing the form; enter the signature at the right

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant enlisted in the AUS and entered active duty on "21 October 1942."  It also shows he was honorably discharged on "5 October 1945."  This information was made a matter of record on "8 October 1945."  His dates of service from 21 October 1942 through 5 October 1945 correspond to the total amount of creditable service (continental and foreign) shown in items 37 and 43 of his WD AGO Form 53-55.  He provided no evidence showing he enlisted in the AUS on "19 October 1942" and/or he was honorably discharged on "9 October 1945."

2.  Based on regulations in effect at the time of his discharge, item 54 of his WD AGO Form 53-55 contains the entry "Impressed."  It appears this entry was entered to indicate he affixed his thumb print in the appropriate space on the original document.  This form also contains the typed version of his full name in item 56 and the typed version of the personnel officer who completed the form in item 57.  He has not shown the entries in these items of his WD AGO Form 53-55 do not attest to the fact the information recorded on the form was, to the best of his knowledge, accurate and complete.







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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20150002299





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ABCMR Record of Proceedings (cont)                                         AR20150002299



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