RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 December 2005
      DOCKET NUMBER:  AR20050002173


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 that his WD AGO Form 100 (Separation
Qualification Record) block 12 (Military Occupational Specialty [MOS]) be
corrected to read Airborne Basic Engineer, 879th Airborne Engineer, 2480
Quartermaster Truck Company, and 47th Depot Supply Squadron.  He also
requests that the unit listed at block 6 (Organization), on his WD AGO Form
53-55 (Enlisted Record and Report of Separation) be changed to the 49th
Depot Supply Squadron.

2.  The applicant states that he has known for a long time that these
errors existed but only recently learned that he could have them corrected.
 He believes it is important to correct these items for his headstone and
family history.

3.  The applicant provides copies of his WD AGO Form 100 and WD AGO Form 53-
55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 March 1946, the date of separation.  The application
submitted in this case is dated 20 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.

4.  The limited records show the applicant entered active duty on 14 June
1943 and was honorably separated on 7 March 1946.

5.  The WD AGO Form 100 for Military Occupational Assignments under the
block 12 (MOS), lists Aviation Engineer Basic (729); Truck Driver, Light
(345); and Foreman, Warehouse (252).
6.  The WD AGO Form 53-55 lists his block 6 lists his organization at the
time of separation as the 2480th Quartermaster Truck Company.

DISCUSSION AND CONCLUSIONS:

1.  The entries the applicant is requesting be placed in block 12 of the WD
AGO Form 100 appear to be unit designations and not MOSs.

2.  In the absence of to the contrary, the Board must apply the presumption
of regularity in governmental affairs.  There is nothing in available
records or in the evidence submitted by the applicant to overcome this
presumption.

3.  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 applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the error or
injustice now under consideration on 7 March 1946, the date of his
separation from active duty. However, the ABCMR was not established until
2 January 1947.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BPI___  __EEM__  _DWS ___  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.




                                  _      Bernard P. Ingold______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002173                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |110                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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