RECORD OF PROCEEDINGS


           IN THE CASE OF

      BOARD DATE:         9 JUNE 2005
      DOCKET NUMBER:  AR20040007727


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 his March 1946 separation document be
corrected to show that he was separated as a “sergeant.”

2.  The applicant states his separation document indicates that the highest
grade he held was “T/5” when in fact he was a sergeant with three stripes.
He attributes the error to sloppy record keeping by his unit.

3.  The applicant provides a copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 March 1946.  The application submitted in this case is
dated
15 September 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
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant’s separation document indicates that he served on active
duty between 3 July 1943 and 8 March 1946 when he was discharged for the
convenience of the government.  His separation document shows that the
highest grade he held, and the grade at which he was separated, was “T/5”
(technician fifth grade).  His final payment voucher also shows his grade
at separation as “T/5.”

5.  In 1920 the enlisted grade structure comprised seven rank titles within
six pay grades.  Master Sergeant was assigned to the first pay grade,
Technical Sergeant and First Sergeant were assigned to the second pay
grade, Staff Sergeant was the third pay grade, Sergeant was the fourth pay
grade, Corporal the fifth pay grade, and Private First Class was the sixth
and lowest pay grade.  In 1942 the grades of technician was added to the
third, fourth and fifth pay grades and “First Sergeant” was moved from the
second pay grade to the first pay grade.  Additional changes in the rank
and pay grade structure did not occur until 1948.

DISCUSSION AND CONCLUSIONS:

1.  The information contained on the applicant’s separation document
regarding his rank is consistent with the information contained on his
final payment voucher.

2.  There is no evidence, and the applicant has not provided any compelling
evidence that he was promoted to the rank of Sergeant (fourth pay grade),
prior to his separation.  While it is possible that he may have performed
duties of a higher enlisted grade, that is not a basis to conclude that he
was recommended for or ever promoted to that grade.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 March 1946, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
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 the failure to
timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MM___  ___LE___  ___CK __  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.




                                  ______Melvin Meyer_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007727                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050609                                |
|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.                      |                                        |


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