IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005359 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, reconsideration of his previous requests for issuance of a WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for his period of service from 16 September 1938 [should be 15 September 1938] through 15 September 1941. 2. The applicant states, in effect, he was supposed to be discharged on 15 September 1941. His discharge was denied and he wants to know why. He never received a WD AGO Form 53-55 and/or Honorable Discharge Certificate at the end of his 3-year enlistment on 15 September 1941. He will continue this issue of being denied a discharge in 1941 as long as he lives to achieve justice. 3. The applicant provided copies of the following: * letter from the Army Board for Correction of Military Records (ABCMR) * his response to a former ABCMR Director * letter from the Army Reviews Boards Agency (ARBA) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Numbers AR20140009582 on 10 June 2014 and AR20140019317 on 11 February 2015. 2. The applicant provided a new argument in his current request in which he clearly identified the corrective action he desired. This will be considered by the Board. 3. His 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 in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. His available military records contain the following: a. A WD AGO Form 100 (Army Separation Qualification Record), dated 28 July 1945, showing he entered active duty on 16 September 1938 [should be 15 September 1938] and he completed training and served as a rifleman and military policeman. b. A WD AGO Form 40 (Certificate of Disability for Discharge) showing a medical board convened on 26 July 1945 and considered his conditions of chronic anxiety reaction with an onset date of March 1943. He was found to be medically unfit for duty and was recommended for discharge on 28 July 1945. The board was approved on the same day. c. A WD AGO Form 53-55 listing in: (1) Item 7 (Date of Separation) – 28 July 1945 (2) Item 23 (Date of Enlistment) – 15 September 1938; his term of enlistment is not shown. (3) Item 24 (Date of Entry Into Active Service) – 15 September 1938 (4) Item 36 (Service Outside Continental United States (CONUS) and Return) - * departed CONUS en route to the Asiatic-Pacific Theater of Operations (APTO) on 2 August 1942 * arrived APTO on 7 August 1942 * departed APTO on 8 March 1945 * arrived CONUS on 21 March 1945 (5) Item 37 (Total Length of Service) – 4 years, 2 months, and 24 days of continental service and 2 years, 7 months, and 20 days of foreign service. (6) Item 40 (Reason and Authority for Separation) – Certificate of Disability for Discharge, Army Regulation 615-361 (Enlisted Personnel – Discharge and Release from Active Duty). (7) Item 43 (Longevity for Pay Purposes) – 6 years, 10 months, and 13 days. (8) Item 54 (Right Thumb Print) – impression of his right thumb print. (9) Item 56 – his signature. (10) Item 57 (Personnel Officer (Type Name, Grade, and Organization – Signature) – personnel officer's typed name, grade, and organization. d. An Army of the United States (AUS) Honorable Discharge Certificate showing he was discharged on 28 July 1945. e. A letter, dated 7 June 1976, in which he requested an answer as to why he wasn't discharged at the end of his 3-year enlistment on 16 September 1941. f. A Standard Form 180 (Request Pertaining to Military Records), dated 7 June 1976, in which he stated that he enlisted in Army in 1938 and was supposed to be discharged in September 1941. Why was he kept in the service beyond his 3-year enlistment although there was no national emergency? The country entered into war on 7 December 1941. As it turned out he served a total of 7 years. g. A letter, dated 30 July 1976, in which the National Personnel Records Center advised him that his military record needed to answer his inquiry was not in their files. It was believed his records were destroyed in the 1973 fire. Although a number of alternate records existed which enabled the center to reconstruct the essential facts of his military service, those sources did not contain the authority by which his service was extended. 5. On 21 December 2006, the ABCMR advised him that no effective relief could be granted since sufficient records to determine exactly what happened in his case could not be located and his case had been administratively closed. 6. On 10 June 2014 and 11 February 2015, the ARBA advised him that his request was unclear and no effective relief could be granted since sufficient records to determine exactly what happened in his case could not be located. The requests were administratively closed. 7. Public Law 213 (Service Extension Act of 1941), section 2, dated 18 August 1941, stated the President was authorized to extend, for such periods of time as may be necessary in the interests of national defense, the periods of service, training and service, enlistment, appointment, or commission, of any or all persons inducted for training and service under the Act, members and units of the reserve components of the Army of the United States (AUS) (including the National Guard of the United States), retired personnel, and enlisted men of the Regular Army (RA). 8. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component. The instructions stated: * Item 7 – would indicate the date the member separated for the period covered by the separation document * Items 22 and 23 – would indicate the dates the member was inducted and entered into active duty service for the period covered by the separation document * Item 36 – would indicate the dates of arrival and departure for service outside the CONUS and the destination * Item 37 – would indicate the total length of CONUS and foreign service completed for the period covered by the separation document * Item 40 – would indicate the reason and authority for the member's separation * Item 54 – would contain the impression of the individual's right thumb print * Item 56 – would contain the signature of the individual being separated * Item 57 – would contain the signature, type, and organization of the personnel officer completing the form DISCUSSION AND CONCLUSIONS: 1. The available evidence of record shows the applicant enlisted in the AUS on 15 September 1938. His term of enlistment is not available. 2. Public Law 213, dated 18 August 1941, authorized the President to extend the periods of service of enlisted men of the AUS and RA in the interests of national defense for such periods of time as it was necessary. It appears the applicant was extended under that authority in 1941. 3. He served in the APTO from August 1942 to March 1945 and was honorably discharged on 28 July 1945 by reason of disability. He was properly issued a WD AGO Form 53-55 and AUS Honorable Discharge Certificate at that time. There is no available evidence and he provided none showing he was erroneously or unjustly held beyond a 3-year enlistment and denied a discharge in 1941. 4. It is noted items 54 and 56 of his WD AGO Form 53-55 contain his right thumb print and signature. 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. 5. In making this determination, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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 to amend the decision of the ABCMR set forth in Docket Number AR20140019317, dated 11 February 2015. ___________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) AR20150005359 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005359 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1