RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 April 2005
      DOCKET NUMBER:  AR20040004484


      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. James E. Vick                 |     |Chairperson          |
|     |Ms. Ann M. Campbell               |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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 his separation document (WD AGO
Form 53-55) be corrected to show his rank as Technician Five (Tec 5).

2.  The applicant states, in effect, that his rank was incorrectly listed
on his separation document.

3.  The applicant provides a copy of a pass form (ETO TPM Fm 3) and an
untitled form containing insurance and allotment information is support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 November 1945.  The application submitted in this case
is dated 13 July 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 3 August 1942.  It further shows that he served
in the European Theater of Operations (ETO) from 17 August 1944 through 22
June 1945.

5.  The applicant’s WD AGO Form 53-55 also shows that during his active
duty tenure, he earned the European-African-Middle Eastern Campaign Medal
and Army Good Conduct Medal.  It also shows that he was honorably separated
on
7 November 1945, after completing 3 years, 3 months and 14 days of active
military service.  Item 3 (Grade) confirms he held the rank of Tec 4 on the
date of his separation.  Item 38 (Highest Grade Held) confirms Tec 4 was
the highest rank he held while serving on active duty.  The applicant
authenticated the
WD AGO Form 53-55 with his signature in Item 56 (Signature of Person Being
Separated).

6.  The applicant’s file also includes a Separation Qualification Record
(WD AGO Form 100) that was prepared during his separation processing.  Item
3 (Grade) of this document shows he held the rank of Tec 4 on the date of
his separation.  The Military Occupational Assignments portion of this form
shows the applicant served as a private first class for 2 months and as a
Tec 4 cook and mail orderly for 36 months.  The official separation
documents of record give no indication that the applicant ever held a rank
above Tec 4 during his active duty tenure.  Further, the remaining file is
void of any orders or documents that indicate he was ever recommended for,
or selected for promotion to Tec 5, or that he was ever promoted to that
rank by proper authority during his active duty tenure.

7.  The applicant provides an ETO TPM Form 3 that authorized him a 72 pass
that ran through 17 May 1945.  This form lists his rank as Tec 5.  He also
provides a form that accounts for his insurance and allotments, which also
lists his rank as Tec 5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he held the rank of Tec 5 on the date of his
separation and the supporting documents he provided were carefully
considered. However, these factors are not sufficient to support a change
to his rank at this time.

2.  The last official documents prepared on the applicant during his
separation processing, which include his WD AGO Form 53-55 and WD AGO Form
100, both confirm he held the rank of Tec 4 on the date of his separation
from active duty, and that this was the highest rank he attained while
serving on active duty.

3.  The applicant authenticated the WD AGO Form 53-55 with his signature on
the date of his separation.  This, in effect, was his verification that the
information contained on the form, to include the grade entries in Item 3
and Item 38, was correct at the time the document was prepared and issued.

4.  Absent any official documents of record to corroborate the rank
information contained in the documents provided by the applicant, they are
not sufficiently credible to overcome the presumption of Government
regularity attached to the applicant’s official authenticated separation
document.  As a result, the burden of proof necessary to grant the
requested relief has not been satisfied in this case.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 November 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

___AMC_  __MVT __  ___JEV _  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.




            ____James E. Vick____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040004484                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/07                              |
|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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