ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 8 September 2021 DOCKET NUMBER: AR20210008338 
APPLICANT REQUESTS: in effect, correction of item 55 (Remarks) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to remove reference to 3 days of lost time. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record) 

. 
self-authored letter 

. 
WD AGO Form 53-55 


FACTS: 
1. 
The applicant did not file within the 3-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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’s complete military service record is not available to the Board for review. A request was made of the National Personnel Records Center (NPRC) to obtain the applicant’s service record, but his records were in part unavailable. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973 and his records were potentially affected by the fire.  His case is being considered using the available evidence provided by the NPRC and that which the applicant provided. 

3. 
The applicant states: 


a. His is writing to correct an error in his records. In 1945, he was stationed at Fort McArthur, in San Pedro.  He qualified for furlough time.  He asked his company commander to allow him to use his furlough time to go to Puerto Rico for 60 days, to which he replied he could not authorize him to travel outside of the U.S.  His company commander sent him to see the fort commander for further consideration and the fort commander repeated the same reasoning as his company commander. 
ABCMR Record of Proceedings (cont) AR20210008338 
b. 
After explaining to the fort commander that he was drafted in Puerto Rico and that his home was there, he suggested he contact the Department of the Army in Washington, D.C., which he did. The next day the fort commander authorized him to go to Puerto Rico. He told the fort commander he had no money to leave that soon and he gave him a note and sent him to the Red Cross. He was immediately given a ticket to go to New Orleans, LA by train and get sea transportation from there to Puerto Rico. 

c. 
The days he spent in the train were not reported by his fort commander.  Those are the days the Army reported him as absent without leave (AWOL). He was not AWOL and he wants his record to be corrected. 


4. The applicant’s WD AGO 53-55 shows the following: 
. 
the applicant was inducted into the Army of the United States at Fort Buchanan, Puerto Rico, on 12 July 1943 

. 
he completed 1 year, 9 months and 4 days of continental service and 10 months and 6 days of foreign service 

. 
he was honorably discharged under the provisions of Army Regulation 615-365 (Enlisted Men – Discharge – Convenience of the Government) for the convenience of the Government (demobilization) on 21 February 1946 

. 
he was awarded the American Campaign Medal, Meritorious Unit Award, Army Good Conduct Medal, and World War II Victory Medal 

. 
item 55 reflects 3 days of lost time 


5. The only available service record pertaining to the applicant provided by NPRC is a War Department Form 372 (Final Payment Worksheet) which shows the following: 
. 
the period of the account was February 1946 

. 
the applicant was inducted at Ponce, Puerto Rico 

. 
he was honorably discharged on 21 February 1946 under the provisions of Army Regulation 615-365 

. 
the Remarks section states enlisted man AWOL from 28 December 1945 to 31 December 1945, inclusive, not deducted on prior rolls 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members noted that the applicant’s complete military service record is not available to the Board for review and that this case is being considered using the available evidence provided by the NPRC and that which the applicant provided. Board members are unsure if the lost time was properly annotated, but it’s not supported due to lack of evidence/lost records. Board members area aware that by law The ABCMR begins its consideration of each case with the presumption of ABCMR Record of Proceedings (cont) AR20210008338 
administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The Board considered the applicant’s period of service, his explanatory statement and the absence of documentation pertaining to the lost time. Based on a preponderance of evidence, the Board determined that removing the lost time reference from his DD 214 is warranted to remove an injustice. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
:XXX XX: XX: 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 removing from item 55 (Remarks) of his WD AGO Form 53-55 the entry "3 days of lost time under Articles of War 107." 
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) AR20210008338 
REFERENCES: 
1. 
Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 

2. 
 Army Regulation 615-360 (Enlisted Men – Discharge – Release from Active Duty), in effect at the time, provided the general provisions for the discharge and release from active duty of enlisted men from the Army of the United States.  It stipulates all data required on the WD AGO 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) pertaining to the status of the man to be discharged will be in terms of status at the time of separation. 

3. 
 Army Regulation 615-365 (Enlisted Men – Discharge – Convenience of the Government), in effect at the time, provided the provisions for the discharge of enlisted men for the convenience of the Government by authority of the Secretary of War. It stipulated, unless otherwise directed by Army Regulation 615-360, an honorable discharge from the Army of the United States would be issued.  All discharge certificates executed “for the convenience of the Government” would, in addition to that phrase, contain a sort statement indicating the specific cause for the discharge.  For further general provisions for discharge of enlisted men, see Army Regulation 615-360. 

4. 
Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 


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