RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 August 2005 DOCKET NUMBER: AR20050000920 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. John Slone Chairperson Ms. Deborah Jacobs Member Mr. Michael Flynn Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that item 30 (Military Occupational Specialty (MOS) and No.) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be changed to an infantry MOS. 2. The applicant states his discharge document shows that he was a truck driver; however, he contends he was never a truck driver and that he was with the 99th Infantry Ski Trooper Battalion. 3. The applicant provides a photograph depicting Soldiers. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 12 November 1945. The application submitted in this case is dated 14 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. 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. 4. The applicant was inducted on 26 February 1943 and entered active duty on 5 March 1943. Item 6 on his WD AGO Form 53-55 shows his MOS as 345 (light truck driver). He served in the European Theater of Operations from 15 September 1943 through 17 October 1945 and was honorably discharged on 12 November 1945. 5. The applicant’s WD AGO Form 53-55 shows that he received the Combat Infantryman Badge. His pay records also show that he received combat infantry pay. 6. The applicant’s WD AGO Form 100 (Separation Qualification Record) shows he held MOS 605 (ammunition handler) for ten months (from approximately June 1943 to April 1944) and then held MOS 345 for 18 months (from approximately May 1944 to November 1945). His WD AGO Form 100 also states, in pertinent part, that he operated a 2 1/2 ton 6 by 6 Army truck in the European Theater of Operations, made trips up to 500 miles hauling rations, ammunition, equipment and personnel, he drove in convoys over all types of roads and in all kinds of weather, and he serviced and made minor repairs on his vehicle. 7. The purpose of the WD AGO Form 100 was to assist World War II veterans in post-service employment, education, or any other endeavor by the service member. The form was prepared based on service personnel records and a personal interview for a very specific purpose and was not intended as a replacement or substitute for the official records of the individual’s service. For these reasons, this form was prepared on a one-time basis and was not replaced or edited after the fact. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows the applicant held an infantry MOS from approximately June 1943 to April 1944 and was awarded the Combat Infantryman Badge. However, the evidence of record does not support the applicant’s contention that he never served as a truck driver during World War II. His WD AGO Form 100 states that he held MOS 345 from approximately May 1944 until he was discharged in November 1945 and describes the truck driver duties that he performed during this time. His WD AGO Form 53-55 also shows his MOS as 345. Therefore, there is insufficient evidence on which to amend item 30 on his WD AGO Form 53-55. 2. Records show the applicant should have discovered the alleged error now under consideration on 12 November 1945; therefore, the time for the applicant to file a request for correction of any error expired on 1 January 1950 (3 years after the Board was established on 2 January 1947). However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING JS______ DJ______ MF______ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. ___John Slone_________ CHAIRPERSON INDEX CASE ID AR20050000920 SUFFIX RECON DATE BOARDED 20050811 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 100.0500 2. 3. 4. 5. 6.