IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130012469 


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 the Army serial number (ASN) shown on his discharge records.

2.  He states, in effect, his discharge records show the ASN XX XXX 950, but his correct ASN is XX XXX 960.  

3.  He provides no documentary evidence in support of his request.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973.  It is believed the majority of his records were lost or destroyed in that fire.  This case is being considered using a partial record provided by NPRC and World War II enlistment records maintained by the National Archives and Records Administration (NARA).

3.  On 31 July 1944, the applicant was inducted into the Army of the United States (AUS).  

4.  A War Department Form 372A (Final Payment - Work Sheet) for July 1946 shows two entries of his ASN.  A handwritten entry shows his ASN as "XXXXX950."  Identifying information stamped on the form shows his ASN as "XXXXX960."

5.  On 29 July 1946, he was honorably discharged.  Item 2 (ASN) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows the entry "XX XXX 950."

6.  On 7 February 1979, NPRC issued him a General Services Administration (GSA) Form 6954 (Certification of Military Service) showing his ASN entered as "XX XXX 960."

7.  World War II enlistment records maintained by NARA show he was assigned ASN XX XXX 960 and ASN XX XXX 950 was assigned to another Soldier.  

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was assigned ASN XX XXX 960 when he was inducted into the AUS.  It appears an administrative error occurred when his ASN was recorded on his WD AGO Form 53-55.  It would be appropriate to replace the entry in item 2 of his WD AGO Form 53-55 with the ASN shown on his GSA Form 6954.  

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 replacing the entry in item 2 of his WD AGO Form 53-55 with the ASN shown on his GSA Form 6954.




      ____________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)                                         AR20130012469





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ABCMR Record of Proceedings (cont)                                         AR20130012469



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