IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150006510 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, the next of kin of a former service member (FSM), requests Item 4 (Arm or Service) of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) be corrected to show his correct arm of service. 2. The applicant states the FSM served in the U.S. Army not the U.S. Army Air Forces. He is requesting that a DD Form 215 (Correction to DD Form 214) with the corrected information be issued so he may petition the Department of Veterans Affairs (VA) for a new grave marker that reflects the appropriate branch of service. 3. The applicant provides the FSM's: * WD AGO Form 53-55 with a separation date of 30 September 1945 * Honorable Discharge Certificate * death certificate * VA Form 40-1330 (Application for Standard Government Headstone or Marker) * photograph of the FSM's grave marker 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 FSM's military service records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. The only documents available are his Honorable Discharge Certificate and his WD AGO Form 53-55 provided by the applicant. 3. On 13 February 1941, the FSM was inducted into the Army of the United States and he entered active duty the same day. 4. On 30 September 1945, the FSM was discharged due to demobilization. His WD AGO Form 53-55 contains the following entries: * Item 4 - AAF (Army Air Forces) * Item 5 (Component) - AUS (Army of the United States) * Item 6 (Organization) - Headquarters Company, 1st Armored Group * Item 30 (Military Occupational Specialty (MOS) and NO (number) - Tank Commander 1736 5. The FSM's Honorable Discharge Certificate shows his unit as Headquarters Company, 1st Armored Group. 6. According to the Institute of Heraldry, a new insignia for the Armored Forces was authorized by War Department Circular 56, dated 25 February 1942. The insignia was continued in use until the Armor Branch was established in February 1951. 7. The VA Form 40-1330, dated 6 October 2006, submitted by the applicant clearly marked the FSM's branch of service as Army. 8. The photograph of the FSM's grave marker shows his branch of service as U.S. Army Air Forces. DISCUSSION AND CONCLUSIONS: 1. There is no evidence the FSM served in the Army Air Forces. His assignment to the 1st Armored Group and his MOS as Tank Commander are not consistent with an assignment to the Army Air Forces. 2. It would be appropriate to change the entry in Item 4 of the FSM's WD AGO 53-55 to read Armored Forces. 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 FSM be corrected by amending Item 4 of the FSM's WD AGO 53-55 with a separation date of 30 September 1945 by deleting the entry "AAF" and adding the entry "Armored Forces." _______ _ __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) AR20150006510 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006510 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1