RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 March 2005
      DOCKET NUMBER:  AR20040002570


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Mr. James B. Gunlicks             |     |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, in effect, that he be promoted from private
first class (PFC) to Technician Four (Tec 4).

2.  The applicant states, in effect, he was due to be promoted at the time
his tank was blown up and he was sent to the hospital.

3.  The applicant provides the following documents in support of his
application:  Separation Documents (WD AGO Form 53-55), Separation
Qualification Record (WD AGO Form 100), Medical Treatment Records and
Newspaper Article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 9 January 1946.  The application submitted in this case is
dated
26 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
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s separation documents and the other documents he provided.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 13 September 1943.  It further shows that he
served in the Pacific Theater of Operations (PTO) from 20 May 1944 through
13 December 1945, and that he participated in the New Guinea, Philippine
Liberation and Luzon campaigns of World War II.

5.  The applicant’s WD AGO Form 53-55 also shows that during his active
duty tenure, he earned the American Theater Campaign Medal, Asiatic-Pacific
Campaign Medal, Philippine Liberation Medal with 2 bronze service stars,
Army Good Conduct Medal and Purple Heart.  It also shows that he was
honorably separated on 9 January 1946, after completing 2 years, 4 months
and 28 days of active military service.

6.  Item 3 (Grade) of the separation document the applicant was issued at
the time confirms he held the rank of PFC on the date of his separation.
Item 38 (Highest Grade Held) confirms PFC was the highest rank he held
while serving on active duty.

7.  The applicant’s WD AGO Form 100 also confirms that the applicant held
the rank of PFC on the date of his separation, and that this was the
highest rank he attained while serving on active duty.

8.  The available evidence on file does not include orders or documents
indicating that the applicant was ever recommended or selected for
promotion to Tec 4, or that he was ever promoted to that rank by proper
authority.

9.  The applicant provides medical treatment records and a newspaper
article that confirm he was wounded in action on 26 February 1945.  The
documents provide no information on the applicant being recommended for or
promoted to a rank above PFC during his active duty tenure.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been promoted to Tec 4
prior to his discharge and the supporting documentation he submitted were
carefully considered.  However, while it is clear the applicant was wounded
in action and subsequently hospitalized, there is no indication that he was
ever recommended for or promoted to rank above PFC by proper authority.

2.  The evidence clearly shows that the applicant’s World War II service
was outstanding and he is to be commended for this service.   However, Army
promotion policy has always required that Soldiers be properly recommended
and selected for promotion through an established process; and that the
proper authority authorize a Soldier’s promotion.  There is no available
evidence showing he was qualified or recommended for promotion to Tec 4, or
that he was ever selected for or promoted to this rank by a proper
promotion authority.  Thus, there is an insufficient evidentiary basis to
support promoting him at this late date and his request must be denied in
the interest of all those who served during World War II and who faced
similar circumstances.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 January 1945.  Therefore, based on
the date the Board was established, 2 January 1947, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950.  However, he 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 file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RJO _  ___TDH_  ___JBG__  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.



            ____Thomas D. Howard____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040002570                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/01/09                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  803  |144.9213                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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