RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 June 2005
      DOCKET NUMBER:  AR20040007928


      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. Robert L. Duecaster           |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Item 30 (Military Occupational
Specialty and Number) of his separation document (WD AGO Form 53-55) be
corrected.

2.  The applicant states, in effect, that he served as a platoon sergeant
(drill instructor) and would like this reflected on his separation
document.

3.  The applicant provides a letter from his unit commander, dated 4
December 1946, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 29 January 1947.  The application submitted in this case
is dated
17 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.  This case is
being considered
using reconstructed records that primarily consist of the applicant’s
WD AGO Form 53-55.

4.  The applicant’s separation document shows that he was inducted into the
Army and entered active duty on 4 January 1946.  He served on active duty
in the continental United States for 1 year and 26 days and was honorably
separated on 29 January 1947.

5.  The applicant’s WD AGO Form 53-55 shows, in Item 3 (Grade) that he held
the rank of corporal (CPL) on the date of his separation and Item 38
(Highest Grade Held) shows this was the highest rank he held while service
on active duty.

6.  Item 30 (Military Occupational Specialty and Number) of the applicant’s
separation document contains the entry “Clerk General 055”, which indicates
he held this military occupational specialty (MOS) on the date of his
separation.  The applicant authenticated this document with his signature
in Item 56 (Signature of Person Being Separated).

7.  The applicant provides a copy of a letter of appreciation from his unit
commander, dated 4 December 1946.  This document indicates that applicant
had performed duties and exercised the responsibilities of a platoon
sergeant in the unit since 1 August 1946.

8.  Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, stated that the MOS and Number held would be entered in Item
30 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change the MOS listed on his separation
document and the support letter he provided were carefully considered.
However, while the letter provided by the applicant from his unit commander
shows he performed duties as a platoon sergeant, there is no indication
that his MOS was ever formally changed.  As a result, there is insufficient
evidence to support a change to his MOS at this late date.

2.  The regulation in effect at the time provided for entering the MOS held
in Item 30 of the WD AGO Form 53-55.  There were no provisions for entering
all MOSs in which a member preformed duties in this block.  Item 30 of the
applicant’s
WD AGO Form 53-55 confirms he held the MOS 055 (General Clerk) on the date
of his separation.  The applicant authenticated the separation document
with his signature in Item 56.  This was his verification that the
information contained on the WD AGO Form 53-55, to include the Item 30
entry, was correct at the time the document was prepared and issued.

3.  The evidence provides no indication that the applicant questioned the
MOS entry at the time of his separation, or in the more than 50 years that
have passed since he was released from active duty.  Absent any indication
that the MOS listed on the separation document was in error, or that he
would suffer some injustice if it were not changed, there is an
insufficient evidentiary basis to support granting the requested relief at
this late date.  Further, the applicant may use the commander’s letter he
provided to verify his service as a platoon sergeant if that ever becomes
necessary.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 January 1947.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
28 January 1950.  However, he failed to 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

___RLD _  __TAP__  ___MJF  _  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.




            ___ Robert L. Duecaster ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007928                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1947/01/29                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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