IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090007507 


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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his military occupational specialty (MOS) as a machine gunner and his rank as sergeant (SGT).

2.  The applicant states that he served on the frontlines in battle as a machine gunner and his promotion to SGT was not recorded at the time of his discharge.

3.  The applicant provides a letter he sent to the National Personnel Records Center (NPRC) dated 30 June 2006; the NPRC's response to his letter dated 10 July 2006; his WD AGO Form 53-55 with discharge certificate; a certificate of service showing that he, then a private first class (PFC), was awarded the Combat Infantryman Badge (CIB) on 1 March 1945; and a letter of appreciation from the then-serving U.S. President.

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 military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

3.  The applicant's military records show that he was inducted into the Army on 8 August 1944 and entered active duty the same day.  He served in the European theater of operations for 1 year, 3 months, and 6 days.

4.  He was honorably discharged on 16 April 1946 due to dependency.  His WD AGO Form 53-55 shows his MOS as light truck driver and his rank as PFC.  This form also shows the applicant's arm or service as infantry and shows he was awarded the CIB.

5.  Victory in Europe Day (VE Day) was on 8 May 1945, the date when the World War II allies formally accepted the unconditional surrender of the armed forces of Nazi Germany [source, Wikipedia].

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not submitted any evidence to show he was promoted to the rank of SGT and there are no records to confirm his contention.  All of the available records show his rank as PFC.  As such, there is insufficient evidence in which to correct his WD AGO Form 53-55 to show that he was an SGT.

2.  There is no doubt that the applicant fought as an infantryman during World War II, as evidenced by his arm of service being infantry and his being awarded the CIB.

3.  However, the MOS a Soldier holds at the time of separation is entered on a Soldier's WD AGO Form 53-55.  Since the applicant was in the European theater of operations, it is reasonable to presume that he was given the MOS of truck driver after VE Day on 8 May 1945.

4.  In view of the foregoing, there is no basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090007507



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ABCMR Record of Proceedings (cont)                                         AR20090007507



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