BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014840 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____X___ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014840 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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. BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014840 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, removal of the lost time entry from the Remarks block of his WD AGO form 53-55 (Enlisted Record and Report of Separation). 2. The applicant states, in effect, he was court-martialed in absentia for being absent without leave (AWOL). When this happened, he was aboard an Army Transport Ship in the middle of the Atlantic Ocean, being sent home for separation from the Army at Camp Atterbury, IN. He wants his discharge cleaned and reference to the court-martial removed from his records. He also wants a new separation document that does not show this lost time. 3. The applicant provides 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 insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. The Board believes that his records may have been lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 March 1943 and he entered active service in Detroit, MI, on 2 April 1943. This form also shows at the time of his separation: * he held military occupation specialty 673 (Medical NCO) * he was assigned to the 709th Military Police Battalion 4. His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 30 August 1944 and he arrived in the European Theater of Operations (ETO) on 6 September 1944. He departed the ETO on an unknown date and arrived back in CONUS on 24 June 1946. 5. He was honorably separated due to demobilization on 29 June 1946 at Camp Atterbury, IN. He completed 1 year, 5 months, and 2 days of CONUS service and 1 year, 9 months, and 22 days of foreign service. 6. His WD AGO Form 53-55 shows among other entries in item 55 (Remarks): * ERC (Enlisted Reserve Corps) 26 March 1943 to 1 April 1943 * 3 days lost time under Article of War 107 REFERENCE: 1. War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will 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. This manual states item 55 is used for completion of entries specified in War Department Directives. For time lost under Article of War 107, only enter the total number of days is shown; inclusive dates are not required. For example "10 days lost, AW 107." 2. Army Regulation 635-8 (Personnel Separations – Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the discharge document (currently known as the DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 replaced the WD AGO Form 53-55 and is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief record of active Army service at the time of release from active duty, retirement, or discharge. For the Remarks block, enter mandatory Headquarters Department of the Army requirements when a separate block is not available. DISCUSSION: 1. The complete facts and circumstances surrounding the applicant's court-martial are not available for review with this case. It is unclear why the applicant was court-martialed or how he accrued the lost time. What is clear is that his available records contain a WD AGO Form 53-55 that reflects 3 days of lost time under the Articles of War. 2. By law and regulation, lost time is not creditable service for pay, retirement, or veteran’s benefits. There is no evidence in the available record and the applicant did not provide any evidence that shows he made this period of lost time up. 3. Even if the lost time is made up, the Army preserves a record of lost time to explain which service between date of entry on active duty and separation date is creditable service. The separation document in effect at the time required for enlisted Soldiers an entry of the total number of days lost under Article of War 107. The lost time is presumed to be correctly shown on his WD AGO Form 53-55. 4. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. There is no evidence of an error or injustice in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014840 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014840 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2