RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      20 December 2005
      DOCKET NUMBER:  AR20050004197


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette McCants              |     |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 records be corrected to show that he
was discharged in the rank of corporal.

2.  The applicant states that his report of separation shows that he was
released from active duty in the rank of private first class, when in fact
he was promoted to the rank of corporal in the United States Army Reserve
(USAR) on 4 January 1954.

3.  The applicant provides a copy of his orders promoting him to the rank
of corporal and a copy of his orders discharging him from the USAR.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 January 1953.  The application submitted in this case is
dated 15 March 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.  He was inducted in Minneapolis, Minnesota, on 2 February 1951.  He
completed his training as a railroad brakeman and was transferred to Korea,
where he was assigned to Company C, 712th Transportation Railway Operation
Battalion.  He was advanced to the rank of private first class (PFC) on
19 February 1952.

5.  He was returned to Fort Lewis, Washington, where he was honorably
released from active duty (REFRAD) in the rank of PFC on 23 January 1953.
He
had served 1 year, 11 months, and 22 days of total active service and was
awarded the Korean Service Medal with two bronze service stars and the
United Nations Service Medal.  He was transferred to the USAR under the
control of the Fifth Army Area to complete his service obligation.

6.  On 4 January 1954, he was advanced to the rank of corporal (CPL) in the
USAR.  He was assigned to a transportation truck company at Fort Snelling,
Minnesota, at the time.  He was honorably discharged from the USAR on
5 November 1956.

7.  Army Regulation 635-5 serves as the authority for the preparation of
the     DD Form 214.  It provides, in pertinent part, that the DD Form 214
is prepared to reflect service as it exists at the time of release from
active duty or discharge.  Changes that occur after the date of REFRAD or
discharge are not authorized to be added to the DD Form 214.  A new DD Form
214 will be prepared for each period of active duty an individual serves
and will reflect any changes that have occurred since the last period
covered by a DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  At the time the applicant was REFRAD, his rank (PFC) was correctly
reflected on his DD Form 214.  While he has provided evidence to show that
he was subsequently promoted to the rank of CPL in the USAR on 4 January
1954, he is not entitled to have his DD Form 214, dated 23 January 1953,
corrected to reflect that rank.

3.  The applicant’s DD Form 214 correctly reflects the information
pertaining to the applicant at the time of his discharge, which is the
purpose of the DD Form 214.  Accordingly, there is no basis to grant his
request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 January 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 January 1955.  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

__JH____  _RB____  __JM____  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.




            ____James Hise______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004197                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]