IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100026233 


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, in effect, his military occupational specialty (MOS) be changed to show he was a loader/firer on the .40mm anti-aircraft weapon.

2.  The applicant states he would like his discharge to show his true job while in the military.

3.  The applicant provides no additional evidence in support of his application.

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 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.  The only record available to this Board is the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge).

3.  His WD AGO Form 53-55 shows:

* he was inducted on 23 March 1949 and entered into active duty 30 March 1943
* he served in the European Theater of Operations from 24 August 1944 to 20 January 1946
* he was released from active duty on 3 February 1946
* he held the MOS 345 (Truck Driver Light) at the time of his separation
* his branch (arm) of service was the Coast Artillery Corps (CAC)

4.  War Department Technical Manual TM 12-427 (Military Occupational Classification of Enlisted Personnel), effective 12 July 1944, does not provide an MOS for loader/firer on the .40mm anti-aircraft weapon.

DISCUSSION AND CONCLUSIONS:

1.  TM 12-426 did not provide an MOS for loader/firer on a .40mm anti-aircraft weapon.   There are no official documents available to show he held any MOS other than 345 at the time of his separation.

2.  Therefore, there is no basis on which to change his MOS on his WD AGO 53-55.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ____________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)                                         AR20100026233





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ABCMR Record of Proceedings (cont)                                         AR20100026233



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