RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 August 2005
      DOCKET NUMBER:  AR20050004668


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 correction of his records to show he was
assigned to the 4th Infantry Regiment.

2.  The applicant states he was assigned to the 4th Infantry Regiment from
November 1948 to April 1950.  He left his unit on emergency leave and was
reassigned to the Army Chemical Center, Edgewood, Maryland.

3.  The applicant provides in support of his request:

      a.  A copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) issued 7 September 1951.


      b.  Two pictures:  The first is annotated "Barracks" and it shows a
Quonset-style building.  The second is annotated "4th Inf Reg Base" and
shows a large sign at the entrance to the "Motor Pool."


      c.  A Thanksgiving Day Menu, Fourth Infantry Regiment, Fort
Richardson, Alaska, dated 24 November 1949.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 September 1951.  The application submitted in this case is
dated 24 March 2005.

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 limitation 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 presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Therefore, the record that
is available was reconstructed and consists of a DD Form 214, Certification
of Military Service, a portion of one dental record, and a DD Form 215
(Correction to DD Form 214) which shows award of the Sharpshooter
Marksmanship Qualification Badge, and the Good Conduct Medal.
4.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
8 September 1948 and was honorably discharged on 7 September 1951 at the
Army Chemical Center after serving 3 years, 0 months, and 0 days.  It also
shows he served 10 months and 15 days of foreign service and he completed
the Welder Combination Course, Special School, 2nd Infantry Division, Fort
Lewis, Washington from 15 January 1949 to 25 February 1949.  He served as a
Chief Wheel Vehicle Mechanic.

5.  A history of the 4th Infantry Regiment indicates that, following World
War II, the unit was positioned in Alaska as a Regimental Combat Team
tasked with guarding US Air Force bases against Soviet attack.  Duty in
Alaska was considered foreign or overseas service during this period.

6.  Army Regulation 635-5, then in effect, provided that the most
significant duty assignment be entered in Item 28 of the DD Form 214.  The
applicant's DD Form 214 shows his most significant duty assignment as "9710
TSU Cml C, A Cml C Detachment #1."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records are unavailable and presumed lost in
the National Personnel Records Center fire of 1973.  The documents
submitted by the applicant, while generally supportive, do not prove that
he served with the 4th Infantry Regiment in Alaska in the 1949-1950 time
frame.

2.  Even assuming the applicant was a member of the 4th Infantry Regiment,
he could not have been with the unit for the period of time he suggests.
During the applicant's service, the 4th Infantry Regiment was stationed in
Alaska, an overseas area.  The applicant's DD Form 214, which he
authenticated as correct by his signature, states he served only 10 1/2
months of his 3-year enlistment in an overseas area.  Most of the
applicant's service was in the Continental United States.  Thus, his most
significant duty assignment, as shown in Item 28 of his DD Form 214, was
not the 4th Infantry Regiment.

3.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually reflect the conditions and circumstances that
existed at the time the records were created.  In the absence of conclusive
proof of material error or injustice, the ABCMR is reluctant to recommend
those records be changed.  Therefore, while the Army will concede the
applicant's assignment to the 4th Infantry Regiment, such assignment,
because it was not his most significant, cannot be shown on his DD Form
214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 September 1951; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
6 September 1954.  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

__jev___  __rjw___  ___rr___  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                 |AR20040004668                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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