IN THE CASE OF: BOARD DATE: 17 April 2012 DOCKET NUMBER: AR20110019250 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 item 36 (Service Outside the Continental United States (CONUS) and Return) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his correct departure date from CONUS and arrival date to the Asiatic-Pacific Theater (APT). 2. The applicant states the record shows the date of departure as 12 August 1945 and the date of arrival as 5 August 1945. When he was discharged he did not notice the mistake in those dates. 3. The applicant provides a self-authored statement, his WD AGO Form 53-55, and a copy of his Honorable Discharge Certificate. 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 complete 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 his 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 was inducted into the Army of the United States and entered active service on 3 January 1945. He held military occupational specialty 657 (Medical Aidman). 4. He was honorably discharged on 23 October 1946. His WD AGO Form 53-55 shows in item 36 the following: DATE OF DEPARTURE DESTINATION DATE OF ARRIVAL 12 AUG 45 APT 5 AUG 45 7 FEB 46 US 27 FEB 46 7 JUN 46 APT 4 AUG 46 7 AUG 46 US 21 AUG 46 5. Item 37 (Total length of Service) of his WD AGO 53-55 shows he completed 1 year, 3 months, and 1 day of CONUS service and 6 months and 20 days of foreign service. This form also shows in item 43 (Longevity for Pay Purposes) he completed a total of 1 year, 9 months, and 21 days of service. 6. The table below shows his periods of service in CONUS and in the APT. This table calculates his period of service from his induction date through his discharge date. Additionally, this table operates on the presumption that the dates he departed CONUS (12 August 1945) and the date he arrived in the APT (5 August 1945) were mistakenly inverted when his WD AGO Form 53-55 was created. TO STATUS FROM PERIOD OF TIME US TOTALS APT TOTALS 3 Jan 45 US SVC 11 Aug 45 7 mos, 8 dys 7 mos, 8 dys   12 Aug 45 APT SVC 26 Feb 46 6 mos, 14 dys +1 dy   6 mos, 15 dys 27 Feb 46 US SVC 3 Aug 46 5 mos, 7 dys +1 dy 5 mos, 8 dys   4 Aug 46 APT SVC 20 Aug 46 16 dys +1 dy   17 dys 21 Aug 46 US SVC 23 Oct 46 2 mos, 2 dys +1 dy 2 mos, 3 dys          Totals 1 yr, 2 mos, 19 dys 7 mo, 2 dys 7. The calculations show he completed 1 year, 2 months, and 19 days of service in CONUS and 7 months and 2 days of foreign service in the APT. The sum of these two periods of service equals 1 year, 9 months, and 21 days as recorded in Item 43 his WD AGO Form 53-55. 8. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides to complete item 36 of the WD AGO Form 53-55 by listing the dates of departure from and arrival to each specified destination. DISCUSSION AND CONCLUSIONS: 1. The applicant's WD AGO Form 53-55 shows he departed CONUS on 12 August 1945 and arrived in the APT on 5 August 1945. He could not have arrived in the APT before he departed CONUS; therefore, it is clear the dates are incorrect. 2. It is logical to conclude that the dates were mistakenly inverted at the time the form was created and that his date of departure from CONUS was 5 August 1945 and his date of arrival in the APT was 12 August 1945. Therefore, he is entitled to correction of his records to show the correct dates. 3. Additionally, by inverting these dates and calculating his service time, the end result equals the period of service of 1 year, 9 months, and 21 days as shown in Item 43 his WD AGO Form 53-55. 4. Further, by adding the periods of service together, it was determined the lengths of service shown in item 37 are incorrect. Calculations show he completed 1 year, 2 months, and 19 days of CONUS service and 7 months and 2 days of foreign service. 5. In view of the foregoing, the applicant's WD AGO Form 53-55 should be corrected as recommended below. 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 should be corrected by: a. Deleting from item 36 of his WD AGO Form 53-55 the entry "12 August 1945" and replacing it with the entry "5 August 1945"; b. Deleting from item 36 of his WD AGO Form 53-55 the entry "5 August 1945" and replacing it with the entry "12 August 1945"; c. Deleting from item 37 of his WD AGO Form 53-55 the entry "1 3 1" and replacing it with entry "1 2 19"; and d. Deleting from item 37 of his WD AGO Form 53-55 the entry "0 6 20" and replacing it with the entry "0 7 2." ___________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) AR20110019250 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110019250 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1