IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150005478 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 in: * Item 11 (Place of Birth) – "Charter Oak, IA" instead of "Chaite Oaks, IA" * Item 22 (Date of Induction) – "7 February 1942" instead of "7 February 1943" 2. The applicant states his WD AGO Form 53-55 contains typographical errors. 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 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 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, the copy of the WD AGO Form 53-55 provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 lists in: * Item 7 (Date of Separation) – 14 September 1945 * Item 11 – Chaite Oaks, IA * Item 22 – 7 February 1943 * Item 24 (Date of Entry into Active Service) – 7 February 1943 * Item 36 (Service Outside Continental U.S. (CONUS) and Return) – * departed from CONUS on 6 August 1942 * arrived in the European Theater of Operations (ETO) on 19 August 1942 * departed from the ETO on 31 August 1945 * arrived in CONUS on 9 September 1945 * Item 37 (Total Length Of Service) – 6 months and 4 days of continental service and 3 years, 1 month, and 4 days of foreign service 4. Technical Manual 12-235, prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question contains instructions for the preparation of the WD AGO Form 53-55 at the time of the applicant’s discharge. The instructions stated: * Item 7 – would indicate the date the member separated for the period covered by the separation document * Item 11 – would indicate the place of birth of the member * 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 CONUS and the destination * Item 37 – would indicate the total length of Continental and Foreign service completed for the period covered by the separation document 5. The period 7 February 1942 through 5 August 1942 equals 180 days (6 months). The period 6 August 1942 through 9 September 1945 equals 3 years, 1 month, and 4 days. The period 10 through 14 September 1945 equals 4 days 6. Charter Oak is located in west-central IA. There is no city named "Chaite Oaks" in Iowa. DISCUSSION AND CONCLUSIONS: 1. With regard to correction of item 11 of the applicant's WD AGO Form 53-55; a search of Iowa cities did not locate a city by the name of "Chaite Oaks". "Charter Oak" is a city in IA. It appears item 11 of this form contains a typographical error and should be corrected. 2. With regard to correction of item 22 of his WD AGO Form 53-55: a. This form credited him with service in the ETO from 6 August 1942 through 9 September 1945, a period of 3 years, 1 month, and 4 days of foreign service. He was honorably discharged on 14 September 1945. b. In view of his date of departure (6 August 1942) for service outside CONUS, calculation of his total amount of creditable continental and foreign service, and his discharge date, it appears he was inducted in 1942. c. Thus, there is sufficient and compelling evidence to support correction of items 22 and 24 of his WD AGO Form 53-55 to show he was inducted and entered active service on 7 February 1942. 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: * deleting from item 11 of his WD AGO Form 53-55 the entry, "Chaite Oaks, Iowa" and adding the entry, "Charter Oak, Iowa" * deleting from items 22 and 24 of this form the entries "7 February 1943" and adding the entries "7 February 1942" ____________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) AR20150005478 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005478 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1