RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050000822


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Baker                |     |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, the following corrections to his DD
Form 214 (Report of Separation from the Armed Forces of the United States)
with an effective date of separation of 22 January 1953:

      a.  Item 5 (Qualifications) Specialty Number or Symbol (also referred
to as military occupational specialty (MOS)) be changed to show 4745 (light
weapons infantryman) instead of 1745 (light weapons infantry leader); and

      b.  Item 15 (Inducted) be changed to read 12 APR 51 instead of 12 APR
53.

2.  The applicant states, in effect, that his specialty number or symbol
should read 4745 (infantry) and that the induction date on his DD Form 214
is after his date of release from active duty.

3.  The applicant provides a copy of:

      a.  his DD Form 214;

      b.  Headquarters, 5th Infantry Division & Indiantown Gap Military
Reservation, Indiantown Gap, Pennsylvania Special Orders Number 200, dated
24 October 1951 that transferred the applicant to Ft Lawton Personnel
Center, Seattle, Washington to report on or before 9 November 1951;

      c.  Headquarters, Replacement Battalion, 8069th Special Orders Number
340, dated 22 December 1951 that assigned the applicant to the 7th
Replacement Company (Pipeline), 7th Infantry Division.  These orders show
the applicant's MOS as 4745; and

      d.  Headquarters, Camp Atterbury, Camp Atterbury, Indiana Special
Orders Number 16, dated 21 January 1953 that released the applicant from
active duty not by reason of disability effective 22 January 1953.  These
orders show the applicant's MOS as 1745.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 January 1953, the date he was released from active duty.
The application submitted in this case is dated 6 January 2005.

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 personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  However, there were
sufficient documents remaining in a reconstructed record and records
provided by the applicant for the Board to conduct a fair and impartial
review of this case.  The primary record available to this Board is the
applicant’s DD Form 214.

4.  The available records show that the applicant entered active service
on 12 April 1951.

5.  The Headquarters Company, 31st Infantry, FECOM, 7th Infantry Division
Morning Report, dated 11 January 1952, showed the applicant was assigned to

L Company, 31st Infantry effective 7 January 1952.  The Morning Report
showed the applicant's MOS as 4745.

6.  On 22 January 1953, the applicant was released from active duty.  He
had served 1 year, 9 months, and 11 days of active service that was
characterized as honorable.

7.  Item 5 of the applicant's DD Form 214 contains the entry 1745.

8.  Item 15 of the applicant's DD Form 214 contains the entry 12 APR 53.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the specialty number and the date of
induction entered on his DD Form 214 are incorrect.

2.  Although most of the applicant's available military records may have
been destroyed in 1973 it would be logical to assume that as the applicant
gained additional skills and experience his MOS would have been changed
from light weapons infantryman to light weapons infantry leader.
Therefore, based on the presumption of administrative regularity and in the
absence of evidence to the contrary, it is determined that the MOS entered
in Item 5 is correct.

3.  The date entered in Item 15 of the applicant's DD Form 214 is clearly
an error because it is after the period of service covered by the DD Form
214.  It is reasonable to presume that the applicant's date of induction
and his date of entry into active service were the same.  Therefore, Item
15 should be amended to show 12 APR 51.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___cvm__  ____jev__  ___lmb__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 15 of the
applicant's DD Form 214 to read 12 APR 51 instead of 12 APR 53.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the applicant's specialty number.




                            _________James E. Vick_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000822                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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