APPLICANT REQUESTS: In effect, promotion to staff sergeant. He notes he was never promoted beyond private first class because he was mistakenly transferred out of his tabulating machine operator specialty to duties as a clerk typist. He states he was always in an attached, unassigned or unit overhead and so was never promoted.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORDS: The applicants military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained reconstructed from alternative source.
He served on active duty between 20 November 1942 and
16 February 1946. His grade at the time of separation was private first class and his military occupational specialty is as tabulating machine operator.
The applicant indicated in correspondence which accompanied his application that he was reduced from private first class to private as a result of a summary court-marshal in August 1945 which was convened after he told his section leader that he was not a typist. He notes he was promoted to private first class prior to his discharge in February 1946. The fact that the applicant claims to have been reduced as a result of a court-martial and then subsequently promoted is inconsistent with his claim that his status as attached, unassigned or unit overhead prevented him from being promoted. Additionally, his separation report indicates his military specialty at the time of separation was tabulating machine operator which tends to indicate he was not incorrectly reclassified, although he may have performed other duties during his military service.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 16 February 1946, the date he was discharged from active duty and signed his report of separation. However, in view of the fact that the Board was not established until 2 January 1947 the applicant's 3 year period in which to file an application for correction of military records expired on
2 January 1950; 3 years from the date the Board was established.
The application is dated 17 June 1994 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2006 | 20060013349
The applicant requests correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his rank as corporal. The applicant's military records are not available for review. Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 January 1946, the date of his separation from active duty.
ARMY | BCMR | CY2003 | 2003089360C070403
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. The available evidence shows that the applicant was inducted into the Army of the United States on 31 May 1944 and served until honorably discharged on 9 October 1945, a total of 1 year, 4 months, and 10 days. The Board determined that the evidence presented was sufficient to warrant a recommendation for...
ARMY | BCMR | CY2006 | 20060010160C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 February 2007 DOCKET NUMBER: AR20060010160 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. Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 3 (Grade) of his WD AGO Form 53-55 (Enlisted Record and Report of...
ARMY | BCMR | CY2002 | 2002078273C070215
The Board notes that the applicant’s recommendation for award of the Silver Star was properly processed to conclusion and there was no evidence any error or injustice which would warrant award of the decoration by this Board. In the absence of more conclusive evidence, and based on the fact that the applicant authenticated his separation document and final pay vouchers as a private first class, the Board concludes there is insufficient evidence to warrant correcting the applicant’s record...
ARMY | BCMR | CY2004 | 2004104490C070208
Robert Rogers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that he be awarded the Combat Medical Badge for service in Vietnam. The applicant provides: a.
ARMY | BCMR | CY2008 | 20080005073
He continues by stating that after completing his training, the rank was never awarded and he was transferred to another unit in Cheddington, England and from there to France and then to Germany. The applicants military records are not available to the Board for review. The applicant departed the ETO on 29 January 1946 and arrived in the Continental United States on 12 February 1946 and was transferred to Fort Dix, New Jersey.
ARMY | BCMR | CY2005 | 20050014838C070206
The applicant requests, in effect, that his separation documents be corrected to show his highest rank held was staff sergeant. The applicant provides a copy of Headquarters, 203rd General Hospital [APO 887] General Orders Number 28, dated 1 April 1945; a WD AGO Form 234 (Hospital Notification), dated 20 March 1945; a WD AGO Form 100 (Separation Qualification Record); an Honorable Discharge Certificate, dated 24 January 1946; and a WD AGO Form 53-55 (Enlisted Record and Report of...
ARMY | BCMR | CY2007 | 20070003521C071029
The applicant’s military records are not available to the Board for review. However, there is no evidence of record and the applicant provided none to show he was ever promoted to and held the grade of First Sergeant. Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 November 1946; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950, 3 years after the Board...
ARMY | BCMR | CY2009 | 20090020924
The applicant's records contain a DA Form 20 (Enlisted Qualification Record) that shows he attended the 8-week clerk-typist course at Fort Leonard Wood, MO and he was awarded military occupational specialty (MOS) 71B (Clerk-Typist). The applicant wants his MOS changed on his DD Form 214 to show he was an infantryman. _______ _ _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...
ARMY | BCMR | CY2014 | 20140005277
The applicant requests correction of his records to show he was promoted to Technician Fifth Grade (T/5) prior to his separation on 14 October 1946. The applicant's military records are not available to the Board for review. Still, in the absence of official orders or other documentary evidence confirming appointment or promotion to T/5 there is insufficient evidence to correct his records to show this rank.