IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140013406 


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 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 1 August 1949 to show the sixth digit of his Army service number as 8 instead of 0.

2.  The applicant states his service number was transcribed in error.

3.  The applicant provides his:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* WD AGO Form 53

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 official military records are not available.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed 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 on 25 January 1946.  He was honorably discharged on 8 August 1946 for the purpose of immediate enlistment in the Regular Army.  Item 2 (Army Service Number) of his WD AGO Form 53-55 shows the sixth digit of his Army service number as 8.

4.  On 9 August 1946, he enlisted Regular Army.  He was honorably discharged on 1 August 1949.  Item 2 of his WD AGO Form 53 shows the sixth digit of his Army service number as 0.

5.  His WD Form 372A (Final Payment – Work Sheet) issued in August 1949 shows the sixth digit of his Army service number as 8.

DISCUSSION AND CONCLUSIONS:

His Final Payment – Work Sheet issued at the time of his discharge shows the Army service number he claims is correct.  It is more than reasonable to presume that the last digit of the Army service number shown on his WD AGO Form 53 for the period ending 1 August 1949 was incorrectly entered as a result of an administrative error.  Therefore, his WD AGO Form 53 for the period ending 1 August 1949 should be corrected to show the sixth digit of his Army service number as 8.

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 


amending his WD AGO Form 53 for the period ending 1 August 1949 to show his Army service number as shown on his Final Payment – Work Sheet.



      _____________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)                                         AR20140013406



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ABCMR Record of Proceedings (cont)                                         AR20140013406



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