RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 September 2004
      DOCKET NUMBER:  AR2004100926


      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 C. Hise                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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, promotion to the rank of sergeant
(SGT).

2.  The applicant states, in effect, that President Truman put a freeze on
promotions during the year he served as a desk sergeant, while holding the
rank of corporal (CPL).  He states he believes he did a good job and should
have been promoted.

3.  The applicant provides copies of separation documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 May 1953.  The application submitted in this case was
received on 13 January 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 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 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
separation documents provided by the applicant.

4.  The report of separation provided by the applicant shows he was
inducted into the Army and entered active duty on 13 June 1951.  It further
shows that he served overseas for 1 year, 6 months and 17 days and earned
the Army of Occupation Medal with Germany Clasp.
5.  The separation report further shows that he was honorably separated
from active duty on 21 May 1953, after completing 1 year, 11 months and 9
days of active military service.  Item 3 (Grade) shows he held the rank of
CPL on the date of his separation and that he had attained this rank on 30
January 1953.

6.  The available evidence provides no information regarding duty
assignments and contains no documents indication the applicant was
recommended or selected for promotion to SGT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to show
he was promoted to the rank of SGT based on his successful performance of
duty in that grade was carefully considered.  However, this factor alone
does not support his promotion at this late date.

2.  The veracity of the applicant’s claim that he successfully performed
the duties of a desk sergeant is not in question, and he is to be
congratulated for his outstanding performance in this position.   However,
performance in a duty position authorized a higher grade does not
automatically support a promotion to the higher grade.

3.  Army promotion policy has always required that soldiers be properly
recommended and selected for promotion through an established process; and
that the proper authority authorize a soldier’s promotion.  There is no
available evidence showing the applicant was qualified or recommended for
promotion to SGT, or that he was ever selected for or promoted to this rank
by a proper promotion authority.  As a result, there is an insufficient
evidentiary basis to support granting the requested relief.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 May 1953.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
20 May 1956.  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
timely file in this case.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JCH ___  __BJE___  _PMS___  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 C. HISE   ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100926                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/05/21                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  803  |144.9213                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]