RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050006837


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBraler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 three days of lost time be removed from his
WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable
Discharge).

2.  The applicant states he never was absent without leave (AWOL).

3.  The applicant provides two supplemental letters and a personal
photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 December 1945.  The application submitted in this case is
dated 4 May 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 complete military records are not available to the
Board.  However, there were sufficient documents for the Board to conduct a
fair and impartial review of this case.

4.  The applicant was inducted into the Army on 3 March 1943 and he entered
active duty on 10 March 1943.  He arrived in the Middle Eastern Theater of
Operations on 4 December 1943 and departed on 13 August 1944.  He arrived
in the European Theater of Operations on 15 August 1944.

5.  The applicant's Service Record (WD AGO Form 24) shows he was absent
without leave (AWOL) for a period of three days from 18 March 1945 to 20
March 1945.

6.  The applicant departed the European Theater of Operations on 2 December
1945 and arrived in the continental United States on 13 December 1945.

7.  He was honorably discharged from active duty on 19 December 1945 and
completed 2 years, 9 months and 17 days of creditable active military
service.

8.  Item 55 (Remarks) on his WD AGO Form 53-55 shows the entry "3 DAYS LOST
UNDER AW 107."

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
(Enlisted Record and Report of Separation) during World War II.  This
manual stated that time lost under Article of War (AW) 107 would be entered
under "Remarks" on the WD AGO Form 53-55.  It directed that the total
number days would be stated and no inclusive dates were required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Service Record shows he was AWOL from 18 March 1945 to
20 March 1945 and his WD AGO Form 53-55 reflects 3 days of lost time under
AW 107 in the Remarks section.

2.  Although the applicant contends he never went AWOL, he has not provided
sufficient evidence to substantiate his claim.

3.  Therefore, there is insufficient evidence to warrant removal the three
days of lost time on his WD AGO Form 53-55.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 December 1945, 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.  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 the failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

KW______  DD______  QS______  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.




                                  Kenneth Wright________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006837                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |123.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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