PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 May 2003       
	DOCKET NUMBER:   AR2003087597

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the WD AGO Form 53-55 (Enlisted Record and Report of Separation) of her deceased spouse, a former service member (FSM), be corrected to show his marital status as married.

3.  The applicant states that she and the FSM were married at the time of his separation from the Army.  She provides the FSM's WD AGO Form 53-55, his Honorable Discharge Certificate, and their marriage certificate as supporting evidence.

4.  The FSM’s military records have been lost or destroyed.  This case is being considered using reconstructed records.  The FSM's reconstructed records consist primarily of the WD AGO Form 53-55, his Honorable Discharge Certificate, and his Final Payment Roll.

5.  The FSM was inducted into the Army on 4 December 1941.  

6.  The marriage certificate provided by the applicant show that she and the FSM married on 5 July 1945.  

7.  The FSM separated on 5 September 1945.  

8.  Item 17 of the FSM's WD AGO Form 53-55 shows the FSM had "0" dependents.  Item 19 of his WD AGO Form 53-55 shows his marital status as "single."

CONCLUSIONS:

1.  The evidence provided by the applicant shows that she and the FSM were married when he separated from the Army on 5 September 1945.  

2.  The Board presumes that at the time of the FSM's separation the applicant was considered his dependent.

3.  The FSM's WD AGO Form 53-55 should be amended to show that he was married with one dependent.

4.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

That item 27 of the FSM's WD AGO Form 53-55 be amended to show he had "1" dependent and item 19 of his WD AGO Form 53-55 be amended to show his marital status as married.

BOARD VOTE:  

__lls___  __le____  _fcj____        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful_
		        CHAIRPERSON

INDEX

CASE ID	AR2003087597	
SUFFIX		
RECON		
DATE BOARDED	20030529	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.