RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          6 October 2005
      DOCKET NUMBER:  AR20050002595


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Laverne Berry                 |     |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 Certificate, and
Certification of Military Service to show his service as second lieutenant.

2.  The applicant states, in effect, he was appointed a second lieutenant
in the Army of the United States (AUS) on 8 September 1942.

3.  The applicant provides a letter, dated 29 January 1951, from The
Adjutant General; a temporary appointment letter, dated 8 September 1942,
from the Office of the Commanding General, Sixth Service Command, Services
of Supply; a copy of his WD AGO Form 53-55; an Honorable Discharge
Certificate; and a Certification of Military Service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 June 1945.  The application submitted in this case is dated
11 February 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.  On 8 September 1942, the applicant was temporarily appointed and
commissioned a second lieutenant in the AUS.

5.  The applicant's WD AGO Form 53-55 shows that he enlisted in the
Enlisted Reserve Corps (ERC) on 26 May 1943 and entered active duty on 27
June 1943 in the AUS.   On 25 June 1945, the applicant was honorably
discharged in the rank of private first class to accept a commission in the
AUS.

6.  Item 3 (Grade) on the applicant's WD AGO Form 53-55 shows the entry,
"Pfc" [private first class].  Item 38 (Highest Grade Held) on his WD AGO
Form 53-55 shows the entry, "Pfc."

7.  The applicant's Honorable Discharge Certificate, dated 25 June 1945,
shows his grade as private first class.

8.  The applicant's Certification of Military Service, dated 17 April 1985,
shows his last grade, rank or rating was private first class and that his
active service dates were 27 June 1943 to 25 June 1945.

9.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures
and Preparation of Separation Forms) established the policies and
procedures for completion and distribution of the WD AGO Form 53-55 during
World War II.  This regulation states, in pertinent part, that all entries
on the form except items 39 (Prior Service) and 43 (Longevity for Pay
Purposes) are to apply only to the current period of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was temporarily appointed and commissioned a second
lieutenant in the AUS on 8 September 1942.  However, his WD AGO Form 53-55
shows that he enlisted in the ERC on 26 May 1943.  His WD AGO Form 53-55
also shows that he was discharged in the enlisted grade of PFC, that the
highest grade he held was PFC during the period 27 June 1943 to 25 June
1945, and that he was honorably discharged to accept a commission.  Since
the governing regulation in effect at the time stated that all entries on
the WD AGO Form 53-55 were to apply to the current period of active duty,
there is no basis for granting the applicant's request.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 25 June 1945; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 1
January 1950
(3 years after the Board was established on 2 January 1947).  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

CG_____  RD____  LB________  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.




            ____Curtis Greenway__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002595                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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