RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 August 2005
      DOCKET NUMBER:  AR20040008309


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 record be corrected to show
that he served on active duty for 90 days during World War II.

2.  The applicant states that he was deprived of GI Bill benefits because
he served only 2 months and 23 days.  He believes he should have received
some sort of disability.

3.  The applicant provides a self-authored statement, a copy of NA Form
13038 (Certification of Military Service), and a 23 September 1963 letter
from Alameda (California) County Medical Institutions showing that he
suffers from Raynaud's Disease.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 April 1944.  The application submitted in this case is
dated 30 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, limited documents remaining in a reconstructed record for
the Board to conduct a fair and impartial review of this case.

4.  The applicant was born on 12 July 1927.  He was erroneously inducted
into the Army of the United States on 21 January 1944 at age 16 years, 6
months, and 9 days.  He was initially placed in the Enlisted Reserve Corps
from the date of induction until he reported for active duty 27 January
1944 at Fort MacArthur, California.  When his age was discovered, he was
honorably discharged at the
Presidio of Monterey, California by reason of minority under Section IV,
Army Regulation 615-360 on 12 April 1944.  He served on active duty for 2
months and 16 days.

5.  There is no indication that the applicant suffered from any form of
physical disability during his brief period on active duty.  In 1963, he
was noted to be suffering from Raynaud's Disease.  Raynaud's is a condition
that causes some areas of the body — such as the fingers, toes, tip of the
nose and the ears — to feel numb and cool in response to cold temperatures
or stress.  It is a disorder of the blood vessels that supply blood to the
skin.  During a Raynaud's attack, these arteries narrow, limiting blood
circulation to affected areas.  Raynaud's can be present without any
underlying disease associated with it, in which case it is called Raynaud's
Disease or Primary Raynaud's.  Or it can be part of another disease, in
which case doctors may refer to it as Raynaud's Phenomenon or Secondary
Raynaud's.  Raynaud's affects a small percentage of Americans; Women are
more likely than men are to have the disorder.  It is more common in people
who live in colder climates.  Treatment of Raynaud's depends on its
severity and the presence or absence of associated conditions.  For most
people, Raynaud's is more a nuisance than a disability.

6.  The applicant's limited records contain a WD AGO Form 53-57 (Enlisted
Record and Report of Dishonorable Discharge).  This document shows that the
applicant enlisted in the US Army Air Corps on 9 October 1945 – the United
States Air Force was created on 16 September 1947 when the US Army Air
Corps was disbanded and the Air Force became a separate branch of service.
The applicant served as a supply clerk until 2 May 1949 when he was
dishonorably discharged as a result of a conviction by a general court-
martial.  The applicant lost 370 days, most probably due to confinement in
a military prison.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was improperly inducted into the Army of the United
States at the age of 16.  This error was caught and he was discharged after
serving just 2 months and 16 days.  There is no error or injustice in the
applicant's discharge process from the Army.

2.  As noted above, the applicant served in the US Air Force from 9 October
1945 to 2 May 1949 when he was dishonorably discharged as a result of
conviction by a general court-martial.

3.  The Army Board for Correction of Military Records does not grant relief
solely for the purpose of gaining veterans benefits.  The applicant should
contact a local office of the Department of Veterans Affairs for assistance
in that regard.  As a point of clarification, however, it is the
applicant's dishonorable discharge from the US Air Force that prevents him
from obtaining benefits from the VA.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 April 1944, the date of his
separation from active duty.  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.  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

__jea___  __rtd___  __lmd___  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. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008309                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |113.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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