RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 August 2005
      DOCKET NUMBER:  AR20040010349


      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. Lisa O. Guion                 |     |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, advancement in grade from the rank
of technical sergeant (TSGT) to temporary warrant officer (WO1).

2.  The applicant states, in effect, that he successfully completed the
preliminary and final Administrative-Clerical, Auditing and Accounting
tests for appointment as a temporary WO1.  He also states that the Army
failed to implement and record his advancement to that higher grade.

3.  The applicant provides the following documents in support of his
application:  Third-Party Support Letter, Headquarters (HQs), Peninsular
Base Section (PBS) Letter, Subject:  Warrant Officer Eligibility
Certificate, Mediterranean Theater of Operations (MTO) Certificate,
Honorable Discharge Certificate, White House Certificate, Bachelor of
Science in Commerce Degree and University of Illinois Certified Public
Accountant Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 December 1945.  The application submitted in this case is
dated 15 November 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 his
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, which primarily consist of the
applicant's separation documents (WD AGO Form 53-55 and
WD AGO Form 100), and the supporting documents provided by the applicant.

4.  The WD AGO Form 53-55 issued to the applicant upon his honorable
release from active duty on 8 December 1945 shows he was inducted into the
Army and entered active duty on 13 February 1943.  It further shows he
served in the European Theater of Operations (ETO) from 15 July 1943
through 24 November 1945, and that he participated in the Naples-Foggia and
Rome Arno campaigns.

5.  Item 3 (Grade) of the applicant’s WD AGO Form 53-55 contains the entry
“TSGT”, which indicates he held the rank of technical sergeant on the date
he was separated.  Item 38 (Highest Grade Held) also contains the entry
“TSGT”, which indicates this was also the highest rank he held while
serving on active duty.  The applicant authenticated this document with his
signature in Item 56 (Signature of Person Being Separated).

6.  The WD AGO Form 100 prepared on the applicant during his separation
processing contains the entry “T/S" (technical sergeant) in the grade
block.  The military specialties portion of the form contains entries
indicating that the highest grade he performed duties in was T/S.  The
applicant also authenticated this document with his signature.

7.  There is no indication in the available documents on file in the
applicant's reconstructed record that shows he was ever recommended for, or
promoted to the rank of temporary (WO1) during his tenure on active duty.

8.  The applicant provides a letter of support from a retired major, who
indicates the applicant never received a promotion to warrant officer that
was due him in 1945.  He also indicates the applicant was never one to
'blow his own horn", and that it is only fitting for the Army to recognize
the applicant by conducting a formal promotion ceremony in Rock Island
Arsenal, 60 years after his promotion should have occurred.

9.  The applicant also provides HQs, PBS Letter and MTO Certificate which
both indicate he successfully completed the warrant officer technical
examination.

10.  Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, and contained item by item entry instructions.  These
instructions indicated that the grade a member held on the date of
separation would be entered in Item 3 and the highest grade he held during
the active duty period covered by the report would be entered in Item 38.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been promoted to
temporary WO1 while on active duty, and the supporting documents he
submitted were carefully considered.  However, in order to justify
correction of a military record the applicant must show to the satisfaction
of the Board, or it must otherwise satisfactorily appear, that the record
is in error or unjust.  The evidence provided in this case does not satisfy
this regulatory burden of proof.

2.  The available evidence includes a properly constituted WD AGO Form 53-
55 that was issued to the applicant upon his honorable separation from
active
duty on 8 December 1945.  This document confirms he held the rank of
TSGT and that this was the highest rank he held during his tenure on active

duty service.  The applicant authenticated this separation document with
his signature, which indicates he verified the information it contained, to
include the TSGT rank entries in Items 3 and 38, was correct at the time
the document was prepared and issued.

3.  The evidence also includes a properly constituted WD AGO Form 100 that
was prepared on the applicant during his separation processing.  This
document confirms he held the rank of TSGT at the time, and that this was
the highest grade in which he performed military duties.  The applicant
also authenticated this document with his signature.

4.  The veracity of the applicant’s contention that he should have been
promoted prior to his separation from active duty is not in question.
There is also no question regarding the distinguished nature of his service
during World War II.  However, notwithstanding the fact he passed
qualifying tests, there is no evidence indicating he was ever promoted to
temporary WO1 by proper authority while he was serving on active duty.  As
a result, there is an insufficient evidentiary basis to support granting
the requested relief at this late date.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 December 1945.  Therefore, based on
the date the Board was established, 2 January 1947, the time for him to
file a request for correction of any error or injustice expired on 1
January 1950.  However, he failed to file within the 3-year statute of
limitations and he 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 in this case.

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                 |AR20040040349                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/04                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/09/08                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of the Gov (Demobilization) |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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