RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 JUNE 2005
      DOCKET NUMBER:  AR20040007332


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Karen Fletcher                |     |Member               |
|     |Mr. Kenneth Wright                |     |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 that item 28 (Most Significant Duty Assignment)
on his DD Form 214 (Report of Transfer or Discharge) be corrected to
reflect 25th MRU (Machine Records Unit) vice 96th MRU.

2.  The applicant states that he was assigned to the 25th MRU in Korea from
August 1954 to February 1955.

3.  The applicant provides a copy of his DD Form 214 and copies of morning
reports.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 January 1956.  The application submitted in this case
is dated     8 May 2004.

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 limitations 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
are sufficient documents available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant’s DD Form 214 shows that he entered on active duty on
     11 February 1954.  He had 1 year, 5 months, and 2 days of foreign
service.    Item 28 of that form shows that his most significant duty
assignment was with the 96th MRU.

5.  The copies of the morning reports that the applicant submits with his
request show that he was assigned to the 25th MRU in Korea on 5 September
1954, and that he remained assigned to the 25th MRU until 13 February 1955
when he was reassigned to Headquarters Camp Zama 8030th AU (Army Unit) in
Japan.  He was released from active duty at Fort Dix, New Jersey on 24
January 1956.

6.  Special Regulation 615-360-1 then in effect, provides instructions for
the preparation of the DD Form 214 and states in pertinent part that the
last unit, or similar element, to which assigned for duty rather than the
element of which the individual was a part while moving to a transfer
processing activity will be entered in item 28 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The morning reports that the applicant submits with his request support
his contention that he was assigned to the 25th MRU in Korea from September
1954 to February 1955.

2.  Nevertheless, he was transferred to a unit in Japan in February 1955
and as indicated by his DD Form 214 he continued his service until his
release from active duty in January 1956.  His most significant duty
assignment shown on his DD Form 214 is the 96th MRU, apparently the last
unit to which he was assigned for duty prior to his discharge in 1956.
Regularity in the preparation of his         DD Form 214 is thus presumed.


3.  Consequently, there is no injustice done to him or any error in his
record.  Thus, his request to correct his DD Form 214 is not granted.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 January 1956; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on          23 January 1959.  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

__WP ___  ___KF __  ___KW__  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.




                                  _____William Powers      ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007332                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050607                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]