RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 August 2005
      DOCKET NUMBER:  AR20050000920


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael Flynn                 |     |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 (MOS) and No.) on his WD AGO Form 53-55 (Enlisted Record and
Report of Separation) be changed to an infantry MOS.

2.  The applicant states his discharge document shows that he was a truck
driver; however, he contends he was never a truck driver and that he was
with the 99th Infantry Ski Trooper Battalion.

3.  The applicant provides a photograph depicting Soldiers.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 November 1945.  The application submitted in this case is
dated 14 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 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.

4.  The applicant was inducted on 26 February 1943 and entered active duty
on
5 March 1943.  Item 6 on his WD AGO Form 53-55 shows his MOS as 345 (light
truck driver).  He served in the European Theater of Operations from
15 September 1943 through 17 October 1945 and was honorably discharged on
12 November 1945.

5.  The applicant’s WD AGO Form 53-55 shows that he received the Combat
Infantryman Badge.  His pay records also show that he received combat
infantry pay.

6.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows
he held MOS 605 (ammunition handler) for ten months (from approximately
June 1943 to April 1944) and then held MOS 345 for 18 months (from
approximately May 1944 to November 1945).  His WD AGO Form 100 also states,
in pertinent part, that he operated a 2 1/2 ton 6 by 6 Army truck in the
European Theater of Operations, made trips up to 500 miles hauling rations,
ammunition, equipment and personnel, he drove in convoys over all types of
roads and in all kinds of weather, and he serviced and made minor repairs
on his vehicle.

7.  The purpose of the WD AGO Form 100 was to assist World War II veterans
in post-service employment, education, or any other endeavor by the service
member.  The form was prepared based on service personnel records and a
personal interview for a very specific purpose and was not intended as a
replacement or substitute for the official records of the individual’s
service.  For these reasons, this form was prepared on a one-time basis and
was not replaced or edited after the fact.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS from
approximately June 1943 to April 1944 and was awarded the Combat
Infantryman Badge.  However, the evidence of record does not support the
applicant’s contention that he never served as a truck driver during World
War II. His WD AGO Form 100 states that he held MOS 345 from approximately
May 1944 until he was discharged in November 1945 and describes the truck
driver duties that he performed during this time.  His WD AGO Form 53-55
also shows his MOS as 345.  Therefore, there is insufficient evidence on
which to amend item 30 on his WD AGO Form 53-55.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 12 November 1945; therefore, the time for the
applicant to file a request for correction of any error expired on 1
January 1950 (3 years after the Board was established on 2 January 1947).
However, the applicant 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

JS______  DJ______  MF______  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.




            ___John Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000920                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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