RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 NOVEMBER 2005
      DOCKET NUMBER:  AR20050004800


      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. Rene' R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 military occupational specialty (MOS)
be changed on his WD AGO Form 53-55 (Enlisted Record and Report of
Separation) from truck driver to rifleman.

2.  The applicant states that he did not attend truck driver or infantry
clerk school.

3.  The applicant provides a copy of his WD AGO Form 53-55 and his self
authored statement

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 February 1946, the date of separation.  The
application submitted in this case is dated 20 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 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 WD AGO Form 53-55 shows that he was inducted into the
Army on 23 August 1943 and held MOS 345 (Truck Driver – Light).  This form
also shows that the applicant served with the 179th Infantry Regiment and
was awarded the Combat Infantryman Badge (CIB).  The applicant was
honorably discharged on 12 February 1946.

4.  The applicant's WD AGO Form 53-55 lists the Infantry School Clerks
Course, 6 weeks and the Field Artillery Truck Drivers School, 6 weeks in
item 41 "service schools attended."

5.  The applicant's records contain a copy of a WD AGO Form 100,
(Separation Qualification Record).  This document was prepared on the
applicant during his separation processing.  The information contained on
the form was based on a personal interview with the applicant and his
existing record.  The record shows that the applicant served as a rifleman
for 19 months and as a truck driver for 3 months.
6.  This form shows that the applicant served as a truck driver with the
37th Field Artillery Battalion at Camp Swift, Texas.  The applicant hauled
rations and personnel, performed simple maintenance on the truck, and kept
trip tickets.  He also served as a rifleman in France, Germany and Austria.
 The military education section of this form shows that the applicant
attended clerk and truck driver school for 6 weeks.

7.  The applicant provides a brief synopsis of his military history.  He
explains that after completing Infantry Basic Training, he was assigned to
the 103rd Infantry Division, at Camp Howze, Texas where he underwent
Advanced Individual Training (AIT).  He deployed with his unit to France as
a rifleman and upon the completion of the war, he was assigned to the 2nd
Infantry Division, Field Artillery (FA) Battalion.  While at the battalion,
he received instructions as a truck driver.  The applicant states that he
was disqualified as a truck driver and assigned to a FA howitzer gun crew
until his separation.

DISCUSSION AND CONCLUSIONS:

1.  The record shows that the information listed on the applicant's WD AGO
Form 100 was obtained from a personal interview with the applicant and his
existing record.  This information, to include MOS, was then transcribed
onto the applicant's WD AGO 53-55.

2.  There is no question that the applicant spent the majority of his time
in the Army as a rifleman.  His records show that he spent 19 months as a
rifleman and only 3 months as a truck driver.  Additionally, the fact that
the applicant was awarded the CIB proves that he was a rifleman assigned to
an infantry unit.  However, the MOS listed on the WD AGO 53-55 is the last
MOS held by the applicant, regardless of the length of time.  Therefore,
the presumption of regularity applies.

3.  The applicant also contends that he did not attend truck driver school
or infantry school clerk.  The information concerning the type of military
school and the duration of the course appears on the applicant's WD AGO
Form 100.  This information was taken from the applicant's record and
supplemented by a personal interview.  Therefore, in order to justify
correction of a military record the applicant must show, or it must
otherwise satisfactorily appear, that the record is in error or unjust.
The applicant has failed to submit evidence that would satisfy that
requirement.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 February 1946, the date of his
separation from active duty.  The ABCMR was not established until
          2 January 1947.  As a result, the time for the applicant to file
a request for correction of any error or injustice expired on 1 January
1950.  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

___JA___  __TO ___  __CK ___  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 Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004800                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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