RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050004203


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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, through his daughter, that his records be
corrected to show he was promoted to corporal.  He also requests, through
his daughter, that his name be registered as a World War II veteran.

2.  The applicant states, through his daughter, that his company wanted to
stay together so he was made a corporal and was assigned to drive a T5 6x6
truck.  He was promoted to corporal but never given the stripes or
recognition.

3.  The applicant provides a World War II Registry of Remembrances entry
form; a newspaper article on the World War II Memorial dedication; his
Honorable Discharge Certificate; and his WD AGO Form 53-55 (Enlisted Record
and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 January 1946.  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 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, 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 was inducted into the Army on 25 November 1942 and
entered active duty on 5 December 1942.  He arrived in England on 10
October 1944.  He participated in three campaigns in the European Theater
of Operations.  He was honorably separated on 22 January 1946.

5.  The applicant's WD AGO Form 53-55 shows he held the grade of Private
First Class.  His Honorable Discharge Certificate shows his grade as
Private First Class.

6.  Army Regulation 615-5 (Appointment and Reduction of NCOs and PFCs), in
effect at the time, governed the appointment and reduction of
noncommissioned officers and Privates First Class.  In pertinent part, it
stated noncommissioned officers appointed during an emergency under special
authorization of the War Department would be temporary appointments.  In
order to provide an opportunity to observe the performance of candidates
for higher grades, 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).


7.  The National World War II Memorial is not sponsored by the Department
of Defense but rather falls under the administration of the American Battle
Monuments Commission, an independent, executive branch agency with
 11 commissioners and a secretary appointed by the president.  Internet
site www.wwiimemorial.com/default.asp?page=facts.asp&subpage=intro can be
used to register an honoree.

DISCUSSION AND CONCLUSIONS:

1.  The promotion regulation at the time authorized unit commanders to
exceed their authorized allotments in any grade by the number of vacancies
that existed in a higher grade with temporary appointments pending the
promotion of the best-qualified candidate.  While the applicant may have
been temporarily appointed a corporal, there is no evidence of record at
this late date to show he was approved for promotion to corporal.

2.  Regrettably, there is insufficient evidence of record to show the
applicant was promoted to corporal.

3.  A copy of the National World War II Memorial website will be provided
to the applicant for use in registering as an honoree.

4.   Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 January 1946.  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.  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

___jev__  __cvm___  __lmb__  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 E. Vick_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004203                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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