RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 September 2004
      DOCKET NUMBER:  AR2004101364


      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, that he be promoted from private
(PVT) to private first class (PFC).

2.  The applicant states, in effect, that he believes he should have been
promoted to PFC prior to his discharge.  He claims that he became more
concerned about not being promoted when he recently discovered a friend who
had entered the Army with him, who had served in the same unit the
Philippines and who had been wounded one day earlier than him had been
promoted to PFC one day prior to his discharge.

3.  The applicant provides a self-authored statement in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged (error or
injustice) which occurred on 12 December 1945.  The application submitted
in this case is dated 26 November 2003.

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 record shows he was inducted into the Army and entered
active duty on 25 September 1944.  It further shows that he served in the
Pacific Theater of Operations (PTO) from 18 March 1945 through 17 August
1945 and that he participated in the Luzon and Philippine Liberation
campaigns of World War II.  It further shows that during his active duty
tenure, he earned the
Asiatic-Pacific Campaign Medal with 2 bronze service stars and the
Philippine Liberation Medal with 1 bronze service star.

4.  The record further shows the applicant was honorably separated on
12 December 1945, after completing 1 year, 2 months and 18 days of active
military service.  Item 3 (Grade) of the separation document he was issued
at the time confirms he held the rank of PVT on the date of his separation
and Item 38 (Highest Grade Held) confirms PVT was the highest rank he held
while serving on active duty.

5.  The record contains no orders or documents indicating that he was ever
recommended or selected for promotion to PFC, or that he was ever promoted
to that rank by proper authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been promoted to PFC
prior to his discharge because a friend with a similar record was promoted
the day before his discharge and supporting statement he submitted were
carefully considered.

2.  The veracity of the applicant’s claim that a friend who had a similar
record of service was promoted to PFC the day prior to his discharge is not
in question.  However, each case brought before this Board is judged on its
own merits based on evidence presented.  As a result, this factor alone
provides no support for promoting the applicant at this late date.

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 of record showing the applicant was qualified or
recommended for promotion to PFC, 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 12 December 1945.  Therefore, based on
the date the Board was established, 2 January 1947, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950.  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 file.

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                 |AR2004101634                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/12/12                              |
|DISCHARGE AUTHORITY     |AR 615-365.                             |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  803  |144.9213                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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