RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 January 2006
      DOCKET NUMBER:  AR20050001570


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation – Honorable Discharge) to show his
promotion to E-7/technical sergeant and award of the Meritorious Unit
Citation (correctly known as the Meritorious Unit Commendation).  He also
requests correction of his records to show his unit as the 14th Coast
Artillery Regiment

2.  The applicant states, in effect, that his promotion to E-7 should be
annotated on his discharge documents.  He further states that he is not
seeking back pay, awards, or decorations, just an accurate accounting.

3.  The applicant provides:

      a.  A self-authored letter, dated 14 April 2005.

      b.  A photograph of a military band.

      c.  An alphabetical roster of the 440th Band.

      d.  Special Orders Number 17, Second Service Command, Halloran
General Hospital, dated 17 January 1946.

      e.  A WD AGO Form 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge) with an effective date of 10 April 1946.

      f.  A DD Form 100 (Separation Qualification Record).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The applicant elected the American Legion as his counsel.

2.  Counsel states, in effect, that the ABCMR consider the applicant’s case
based on the evidence of record and that the ABCMR’s decision reflects
sound equitable principles consistent with applicable law and regulations.

3.  Counsel provides a summary of the applicant’s case.





CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 April 1946.  The application submitted in this case is dated
18 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 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, the
applicant provided additional documents and 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’s WD AGO Form 53-55 shows that he enlisted in the Army
and entered active duty on 4 December 1942.  It further shows that he held
the military occupational specialty (MOS) 440 (Bandsman -Trombone).  Item
3 (Grade) contains the entry “S SGT”, which indicates he held the rank of
staff sergeant on the date he was separated.  Item 38 (Highest Grade Held)
also contains the entry “S SGT”, which indicates this was also the highest
rank he had held while serving on active duty during this period.  The
applicant authenticated this document with his signature in Item 56
(Signature of Person Being Separated).

5.  The applicant’s WD AGO Form 53-55 also shows that he served with the
13th and 14th Coast Artillery Regiment and that he earned the American
Campaign Medal, the Army Good Conduct Medal, and the World War II Victory
Medal.  The Meritorious Unit Citation is not among the awards listed.

6.  The Final Payment Worksheet prepared on the applicant in conjunction
with his 6 April 1946 separation further confirms that he received his
final pay based on holding the rank staff sergeant.  The applicant
authenticated this document with his signature.

7.  The applicant’s WD 100 (Enlisted Qualification Record) contains the
entry in item 3 (Grade) “S SGT.”  The applicant also authenticated this
document with his signature.

8.  The enlisted grade structure during the period 1 September 1942 to 1
August 1948 is as follows.

      Grade 1    Master Sergeant & 1st Sergeant
      Grade 2    Technical Sergeant
      Grade 3    Staff Sergeant & Technician 3rd Grade
      Grade 4    Sergeant & Technician 4th Grade
      Grade 5    Corporal & Technician 5th Grade
      Grade 6    Private 1st Class
      Grade 7    Private

9.  There is no indication in the available documents on file in the
applicant’s reconstructed record or documents he provided which shows that
he was ever promoted to the rank of technical sergeant during his period of
active duty service.

10.  The applicant’s available military personnel files contains an
information reply from the National Personnel Records Center – Records
Reconstruction Branch, dated 13 November 1998 in response to the
applicant’s request for promotion orders.  The applicant was advised that
alternate records did not contain the promotion orders he requested.

11.  The applicant provided a self-authored letter in which he stated, in
effect, that his Certification of Military Service, dated 23 April 2004
shows the 13th C.A. [Coast Artillery] Regiment.  The applicant continued
that he never heard of this unit or didn’t know if it ever existed.

12.  The applicant also stated that he was to fulfill an E-7 position
occupied by a sergeant in his former unit; however, the sergeant departed
Halloran General Hospital prior to his promotion to E-7.

13.  The applicant explained that the final omission from his records is
the award of the Meritorious Unit Citation given to the 1258th Service
Command Unit (S.C.U.) at Halloran General Hospital, including the 440th ASF
Band.



14.  Technical Manual 12-235 prescribed the policy and procedure for the
preparation and distribution of separation documents during the period in
question, and contained item by item entry instructions.  These
instructions indicated that the grade a member held on the date of
separation would be entered in item 3 and the highest grade he held during
the active duty period covered by the report would be entered in Item 38.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This record shows that the
1258th Service Command Unit, Halloran General Hospital, was awarded the
Meritorious Unit Commendation for the period 1 January 1945 to 31 July
1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was promoted to the rank of
technical sergeant and the supporting documents he provided were carefully
considered.
However, in order to justify correction of a military record the applicant
must show to the satisfaction of the Board, or it must otherwise
satisfactorily appear, that the record is in error or unjust.  The evidence
provided in this case does not satisfy this regulatory burden of proof.

2.  The available evidence includes a properly constituted WD AGO Form 53-
55 that was issued to the applicant upon his honorable separation from
active duty.
This document confirms he held the rank of staff sergeant and that this was
the highest rank he held during this period of active duty service.

3.  The applicant authenticated this separation document with his
signature, which indicates he verified the information it contained, to
include his rank of staff sergeant and that the entries in Items 3 and 38
was correct at the time the document was prepared and issued.  He also
signed his Final Payment Work Sheet for this period of service, which shows
his final pay was based on his rank of staff sergeant.

4.  The applicant contends that his records should be corrected to show
that he only served with the 14th Coast Artillery Regiment.  However, the
available records do not contain enough information to determine whether an
error was made by placing both regiments on the applicant’s WD AGO Form 53-
55.  Therefore, there is insufficient evidence which would justify removing
either of these entries.

5.  Evidence of record shows that the applicant’s unit was awarded the
Meritorious Unit Commendation.  Therefore, his records should be corrected
to show this award.

6.  Records show the alleged error or injustice now under consideration
should have been discovered on 7 August 1945.  However, the ABCMR was not
established until 2 January 1947.  Therefore, the time to file a request
for correction of any error or injustice expired on 1 January 1950.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SLP  _  ___CAD_  __KSJ__  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 correcting his records
to show award of the Meritorious Unit Commendation.

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
correction of his WD AGO Form 53-55 to show his promotion to the grade of
technical sergeant and removal of the 13th Coast Artillery Regiment from
his separation documents.





                                  _____Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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