RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 November 2004
DOCKET NUMBER: AR2004104275
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. John N. Slone | |Chairperson |
| |Ms. Shirley L. Powell | |Member |
| |Mr. Patrick H. McGann | |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 No) of his separation document WD AGO Form 53-55 be
corrected.
2. The applicant states, in effect, that he served primarily in the Army
engineers and was only a commissary steward for a short period time at the
end of his enlistment.
3. The applicant provides a copy of his separation document in support of
his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
that occurred on 4 January 1947. The application submitted in this case is
dated 12 February 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 record shows that he inducted into the Army and entered
active duty on 25 May 1945. His Soldier’s Qualification Card (WD Form 20)
shows, in Item 27 (Classification in Military Specialties), that he was
awarded military occupational specialty (MOS) 059 (Construction Foreman) on
8 October 1945 and was classified semi-skilled in this MOS. On 27 October
1946, his was determined to be fully skilled in MOS 059. The record does
not indicate the applicant was ever formally awarded the MOS 819
(Commissary Steward).
4. The applicant’s record further shows that he was a member of the Combat
Engineers branch of service and that he served in the European Theater of
Operations (ETO) from 14 December 1945 through 27 March 1946. It further
shows that during his tour of duty in the ETO, he was assigned to the
1015th Engineer Treadway Bridge Company.
5. On 4 January 1947, the applicant was honorably separated after
completing
1 year, 7 months and 10 days of active military service. Item 30 of his
separation document indicates he held the MOS 819 (Commissary Steward).
6. Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, states that the MOS and Number held will be entered in Item
30.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that he held an engineer MOS was carefully
considered and found to have merit.
2. The evidence of record confirms the applicant was awarded MOS 059 on
8 October 1945. Although he may have been working in MOS 819 at the time
of his separation, there is no indication that he was ever formally awarded
the MOS. As a result, it would be appropriate to correct Item 30 of his
separation document accordingly.
BOARD VOTE:
___JNS__ __SLP_ _ __PHM__ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending Item 30 of his WD AGO Form 53-
55 by deleting the current entry and replacing it with the entry
“Construction Foreman (059)”; and by providing him a corrected separation
document that reflects this change.
____John N. Slone________
CHAIRPERSON
INDEX
|CASE ID |AR2004104275 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2004/11/30 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1947/01/04 |
|DISCHARGE AUTHORITY |AR 615-365 |
|DISCHARGE REASON |COFG |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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