RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050002101


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, correction of his records to show he
was promoted.

2.  The applicant states he was wounded in Germany during World War II and
was sent to the Army Medical Center in Memphis, Tennessee.  He received one
grade raise after he was wounded in 1944 and was discharged in 1947.  He
states that he was a sergeant when he was wounded.  After being wounded, he
received his staff sergeant rating.  At that time, he was told he would
receive a grade raise every 6 months that he stayed in the Army.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) and his Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 April 1947.  The application submitted in this case is dated
21 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 were not available to the Board.  This
case is being considered using reconstructed records, which primary consist
of his WD AGO Form 53-55, his WD AGO Form 24 (Service Record) and his
medical records.

4.  The applicant was inducted into the Army on 21 October 1941.  His
military occupational specialty was 745 (Squad Leader) and he arrived in
the European-African-Middle Eastern Theater of Operations on 18 April 1942.

5.  The applicant’s WD AGO Form 53-55 shows he was wounded in action in the
European Theater of Operations in September 1944.

6.  The applicant’s Service Record shows he was promoted to sergeant on
14 December 1944.
7.  His WD AGO Form 53-55 shows he was wounded in action again on
20 December 1944 in the European Theater of Operations.

8.  The applicant departed the European-African-Middle Eastern Theater of
Operations on 5 March 1945.

9.  His Service Record shows he was promoted to staff sergeant on 27 July
1946.

10.  The applicant was honorably discharged from active duty on 13 April
1947 in the rank of staff sergeant with a certificate of disability.  His
WD AGO Form 53-55 shows his highest grade held as “S/Sgt.”

11.  Army Regulation 615-5 (Appointment and Reduction of NCOs and PFCs), in
effect at the time, provided that enlisted Soldiers who were eligible for
promotion would be recommended in writing, approved by the appropriate
authority, and orders issued confirming the promotion.  It also stated that
unit commanders were authorized to exceed their authorized allotments in
any grade by the number of vacancies that existed in a higher grade pending
the promotion of the best-qualified candidate(s).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s WD AGO Form 53-55 shows the highest grade he held was
staff sergeant.

2.  The applicant’s WD AGO Form 53-55 shows he was discharged in the rank
of staff sergeant.

3.  There is no evidence among the available documents indicating that the
applicant was ever promoted above that of a staff sergeant.

4.  The governing regulation in effect at the time authorized promotions
based on vacancies at the higher grade.  There was no regulatory provision
in effect during World War II for promotion of enlisted Soldiers every 6
months.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 August 1947; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 August 1950.  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

MM______  LB______  CD______  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.




                                  Mark Manning__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002101                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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