ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20170007626 APPLICANT REQUESTS: correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to reflect the correct number of 17 days he was absent without leave (AWOL) from the 152 days shown. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * Honorable Discharge Certificate from the Army of the United States FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the 152 days of AWOL is incorrect, and that it should be 17 days of AWOL. He believes the record to be in error because he missed his embarkation ship, which was sunk. He was placed on a later ship for embarkation. 3. The applicant provides: a. His Honorable Discharge Certificate from the Army of the United States that shows he was separated at Fort Devens, Massachusetts on 25 January 1946. b. His War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) that shows he had 152 days lost under Article 107 of Articles of War in block 55 (Remarks). 4. The complete service record is not available for review: a. On 25 January 1946, an Honorable Discharge Certificate from the Army of the United States that shows the following information: * his rank was private first class (PFC) / E-3 * he served with Company G, 333rd Infantry Regiment * he was separated at Fort Devens, Massachusetts b. His WD AGO Form 100 (Army of the United States – Separation Qualification Record) that shows the following information: * block 3 (Grade): PFC * block 6 (Date of Entry into Active Service): 21 April 1943 * block 7 (Date of Separation): 25 January 1946 * block 9 (Place of Separation): Separation Center Fort Devens, Massachusetts * block 10 (Months): 33 in his military occupational assignment * block 11 (Grade): PFC * block 12 (Military Occupational Specialty): Automatic Weapons Crewman * block 13 (Summary of Military Occupations): (1) Anti-aircraft Artillery Automatic Weapons Crewman (2) Served with 453rd Anti-aircraft Artillery Battalion (3) European Theater of Operations (ETO) for 24 months c. His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) that shows the following information: * block 3 (Grade): PFC * block 7 (Date of Separation): 25 January 1946 * block 22 (Battles and Campaigns): Rhineland * block 23(Decorations and Citations): (1) European-African-Middle-Eastern-Theater Campaign Ribbon (2) Victory Medal * block 26 (Service Outside Continental U.S. and Return): (1) 30 January 1944 departure to ETO with arrival on 7 February 1944 (2) 10 January 1946 departure to USA with arrival on 20 January 1946 * block 40 (Reason and Authority for Separation): Army Regulation (AR) 615-365 (Enlisted Men – Discharge – Convenience of the Government), RR 1-1, Demobilization * block 55 (Remarks): (1) Issued the lapel button (2) Adjusted Service Record (ASR) score on 2 September 1945 was 63 (3) 152 days lost under Article 107 of the Articles of War (AW) (4) ERC (ERC) from 14 April 1943 to 20 April 1943 5. By AR 15-185 (ABCMR) the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 6. War Department Technical Manual (TM) 12-236 (Preparation of Separation Forms) governs the procedures for execution of the discharge certificates, certificates of service, and the respective military record or enlisted record and report of separation. 7. By regulation AR 615-365 (Enlisted Men – Discharge – Convenience of the Government) enlisted men will be discharged for the convenience of the government by authority of the Secretary of War only. Such authority may be given either in each individual case or by an order applicable to all cases of a class specified in the order. 8. Articles of War (AW), Article 107 (Soldiers to make good time lost) provides every Soldier in an enlistment who deserts the service of the United States or without proper authority absents himself from his organization, station, or duty for more than one day, or is confined for more than one day under sentence, or while awaiting trial and disposition of his case, if the trial results in conviction, or through the intemperate use of drugs or alcoholic liquor, or through disease or injury the result of his own misconduct, renders himself unable for renders himself unable for more than one day to perform duty, shall be liable to serve, after his return to a full-duty status, for such a period as shall, with the time he may have served prior to such desertion, unauthorized absence, confinement, or inability to perform duty, amount to the full term of that part of the enlistment period which he is required to serve with his organization before being furloughed to the Army Reserve. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The Board determined there is insufficient evidence to grant relief, as he provided no evidence to corroborate his contention, and he authenticated the separation document with his signature. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Articles of War (AW), Article 107 (Soldiers to make good time lost) states in part, every Soldier in an enlistment who deserts the service of the United States or without proper authority absents himself from his organization, station, or duty for more than one day, renders himself unable for more than one day to perform duty. He shall be liable to serve, after his return to a full-duty status, for such a period with the time he may have served prior to such desertion, unauthorized absence, confinement, or inability to perform duty, amount to the full term of that part of the enlistment period which he is required to serve with his organization before being furloughed to the Army Reserve. 3. By regulation AR 615-365 (Enlisted Men – Discharge – Convenience of the Government) enlisted men will be discharged for the convenience of the government by authority of the Secretary of War only. Such authority may be given either in each individual case or by an order applicable to all cases of a class specified in the order. All discharge certificates executed “for the convenience of the government” will, in addition to that phrase, contain a short statement indicating the specific cause for the discharge. 4. War Department Technical Manual (TM) 12-236 (Preparation of Separation Forms) in effect at time of service, governs the procedures for execution of the discharge certificates, certificates of service, and the respective military record or enlisted record and report of separation. Section II (Preparation) directs the appropriate separation form will be prepared at time of separation. The forms contain spaces for all items deemed appropriate; therefore no additional entries will be made on the form unless specifically authorized by the WD. b. Paragraph 19 (Preparation) provides an item by item description of entries to be made on the enlisted record and report of separation. Entries will adhere as closely as possible to the illustrations and examples presented in order to insure uniformity in execution of the forms. All entries apply only to the current period of active duty. c. Item 55 (Remarks) is for completion of prior items on the form, or entry of other items specified in WD directives. The following entries will be made when applicable: * lapel button issued * time lost under AW 107, stating total number of days, no inclusive days required; Example: 3 days lost AW 107 * periods of inactive service in ERC; Example: inactive service ERC 7 JUL 42, 20 JUL 42 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007626 6 1