IN THE CASE OF: BOARD DATE: 15 July 2008 DOCKET NUMBER: AR20080006711 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, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he was inducted on 6 July 1943. 2. The applicant states, in effect, that his date of induction should appear on his WD AGO Form 53-55. He contends that he reenlisted in Italy on 9 December 1945. 3. The applicant provides a copy of his WD AGO Form 55 (Enlisted Record) and 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 military 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. It is believed that the applicant’s records were 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 55 shows that he was inducted on 6 July 1943 and honorably discharged on 9 November 1945. This form also shows that he had 21 days of lost time. 4. The applicant’s WD AGO Form 53-55 shows that he enlisted on 10 November 1945 and was honorably discharged on 9 July 1946. 5. Item 39 (Prior Service) on the applicant’s WD AGO Form 53-55 shows that he served 2 years, 2 months, and 29 days. DISCUSSION AND CONCLUSIONS: 1. The WD AGO Form 55 and the WD AGO Form 53-55 were meant to be "snapshots in time" and a reflection of the applicant's record of active Army service at the time of his separation from active duty. 2. Evidence of record shows the applicant was inducted on 6 July 1943 and honorably discharged on 9 November 1945, which is properly reflected on his WD AGO Form 55. His WD AGO Form 53-55 covering the period 10 November 1945 through 9 July 1946 properly reflects his earlier service (minus the lost time) in item 39. Therefore, there is no basis for granting the applicant’s request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __xx____ ___xx___ __xx____ 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 for correction of the records of the individual concerned. _ ______xxxx______________ 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) AR20080006711 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006711 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1