RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 December 2005
      DOCKET NUMBER:  AR20050007819


      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             |
|     |M                                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, in effect, that Item 30 (Military Occupational
Specialty and Number) of his separation document (WD AGO Form 53-55) be
corrected.

2.  The applicant states, in effect, that his discharge document
incorrectly shows that he primarily served on active duty as a supply
sergeant instead of a cannon crew member.

3.  The applicant provides the following documents in support of his
application:  WD AGO Form 53-55; Separation Qualification Record (WD AGO
Form 100); and Letter of Support.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on
27 January 1947.  The application submitted in this case is dated 20 April
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 his
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.  This case is being
considered using reconstructed records that primarily consist of the
applicant's WD AGO Form 53-55 and WD AGO Form 100.

4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 18 June 1945, and that he continuously served on
active duty until being honorably separated on 27 January 1947.  At the
time of his discharge, he had completed a total of 1 year, 7 months, and 5
days of active military service.  Item 30 of the separation document
contains the entry "Supply Sgt 821.”

5.  The separation document also shows that the applicant served in the
Mediterranean Theater of Operations (MTO) from 14 December 1945 to
13 December 1946.  It also shows that he was assigned to Cannon Company,
351st Infantry Regiment, and that the highest rank he attained while on
active duty was Technician 5.  The applicant authenticated the WD AGO Form
53-55 with his signature in Item 56 (Signature of Person Being Separated)

6.  The applicant provides a WD AGO Form 100 that shows he held the
following military specialties for the periods indicated:  521 (Basic
Training), for 4 months; 188 (Warehouseman), for 7 months; and 821 (Supply
Sergeant) for 7 months.  This document also indicates the applicant served
12 months in the MTO, and that he supervised one enlisted man in the
operation of a company supply room. It also specifies that he received,
issued, stored, and requisitioned all types of general quartermaster
supplies and kept records of all items received and issued.  It finally
shows that he took periodic inventories and maintained company property
books.  The applicant authenticated this document with his signature.

7.  There is no evidence in the reconstructed record to show that the
applicant performed the duties of a crew member during his tenure on active
duty.

8.  The applicant provides a privacy act statement and a letter of support
addressed to his Representative in Congress prepared by his son-in-law, who
supports his claim that he served on active duty as a cannon crew member,
and that his primary duties were as an artillery gunner.

9.  Technical Manual 12-235 prescribed the policy and procedure for the
preparation and distribution of separation documents during the period in
question, and contained item by item entry instructions.  These
instructions for Item 30 indicated that the entry was self-explanatory,
which meant that a member’s military occupational specialty (MOS) would be
entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document incorrectly
shows he primarily performed on active duty as a supply sergeant instead of
a cannon crew member has been carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The governing regulation in effect at the time of the applicant’s
separation stipulated that the MOS and specialty code number held would be
entered in Item 30 of the WD AGO Form 53-55.
3.  The applicant's Separation Qualification Record documents his
assignments and the MOSs in which he served.  It confirms he held MOS
"821", performing the duties of a supply sergeant for at least 7 months of
his active duty tenure, and that this was the MOS he held on the date of
his separation from active duty. It also shows that while he was in the
MTO, he supervised the operation of a company supply room.  This document
shows no service as a cannon or artillery crew member.

4.  The applicant authenticated  his WD AGO Form 53-55 and his WD AGO Form
100 during his separation processing.  His signature on these documents, in
effect, was his verification that the information they contained, to
include his MOS duty assignments, was correct at the time the documents
were prepared and issued.  As a result, there is an insufficient
evidentiary basis to support granting the requested relief at this late
date.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 January 1947.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 26 January 1950.  He failed to 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

___TSK _  ___RLD  _  ___JBM_  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.




            ____Ted S. Kanamine____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007819                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/12/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1947/01/27                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of the government           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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