RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050015794


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 his discharge document be
corrected to show his rank as first lieutenant.

2.  The applicant states, in effect, that the grade that his shown on his
discharge document is that of second lieutenant; however, the document
should show that he was a first lieutenant.

3.  The applicant provides a copy of Headquarters, Sixth Army, AMAGR 201,
Presidio of San Francisco, California, memorandum, dated 24 June 1954,
subject:  Appointment as a Reserve Commissioned Officer of the Army under
the Armed Forces Reserve Act of 1952 (Public Law 476, 82d Congress), and
DD Form 214 (Report of Separation from the Armed Forces of the United
States), with effective date of 28 February 1953.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 February 1953; the date of his release from active duty.
The application submitted in this case is dated 26 October 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 service records were lost or destroyed in the
National Personnel Records Center fire of 1973.  Available records consist
primarily of two DD Forms 214, with effective dates of 28 November 1946 and
28 February 1953; President of the United States of America Certificate,
appointing the applicant a Second Lieutenant in the Military Police Corps
of the Army of the United States, effective 6 April 1951; Headquarters,
Sixth Army, AMAGR 201, Presidio of San Francisco, California, memorandum,
dated 24 June 1954, subject:  Appointment as a Reserve Commissioned Officer
of the Army under the Armed Forces Reserve Act of 1952 (Public Law 476, 82d
Congress); and Headquarters, Southern California Sub-District and Fort
MacArthur, Fort MacArthur, San Pedro, California, Special Orders Number 95,
dated 16 May 1955.

4.  The applicant's military service records contain a copy of a DD Form
214, with an effective date of 28 November 1946, which shows that he
entered into active service in the Army of the United States on 15 February
1945, was awarded military occupational specialty number 337 (Shop Foreman
Automotive), and served overseas in the Asiatic Pacific Theater of
Operations during World War II, from 16 September 1945 to 26 September
1946.  This document shows that he was honorably discharged from the Army,
in the grade of Technical Sergeant, on 28 November 1946, after serving 1
year, 9 months, and 14 days on active duty.

5.  The applicant's military service records contain a copy of The
President of the United States of America Certificate which shows the
applicant was appointed a Second Lieutenant in the Military Police Corps of
the Army of the United States, effective 6 April 1951.

6.  The applicant's military service records contain a copy of a DD Form
214, with an effective date of 28 February 1953, which shows that he
entered into active service in the Army on 20 August 1951 as a second
lieutenant and served as a commissioned officer in the Military Police
Corps.  This document also shows that the applicant was honorably separated
from active duty, in the grade of second lieutenant, on 28 February 1953,
after serving 1 year, 6 months, and
9 days on active duty.

7.  The applicant's military service records contain a copy of
Headquarters, Sixth Army, AMAGR 201, Presidio of San Francisco, California,
memorandum, dated 24 June 1954, subject:  Appointment as a Reserve
Commissioned Officer of the Army under the Armed Forces Reserve Act of 1952
(Public Law 476,
82d Congress).  This document shows that the applicant was appointed a
Reserve commissioned officer of the Army, in the grade of first lieutenant,
effective 24 June 1954.

8.  The applicant's military service records contain a copy of
Headquarters, Southern California Sub-District and Fort MacArthur, Fort
MacArthur, San Pedro, California, Special Orders Number 95, dated 16 May
1955.  This document shows that the applicant was honorably discharged as a
Reserve commissioned officer of the Army, in the grade of first lieutenant,
effective 2 May 1955.

9.  The applicant provides a copy of his DD Form 214 and Headquarters,
Sixth Army, AMAGR 201, Presidio of San Francisco, California, memorandum,
dated
24 June 1954.  The DD Form 214, in pertinent part, shows that the applicant
was serving in the grade of second lieutenant when he was released from
active duty, effective 28 February 1953.  The Headquarters, Sixth Army
memorandum shows, in pertinent part, that the applicant was appointed as a
Reserve commissioned officer in the grade of first lieutenant, effective 24
June 1954.
10.  Army Regulations Number 635-5 (Personnel Separations - Administrative
Separation Procedures and Forms), in effect at the time of the applicant's
separation, establishes the standardized policy for preparing and
distributing discharge documents.  It also contains the instructions for
preparation and distribution of the DD Form 214 for all officers, warrant
officers, and enlisted Soldiers.  The instructions for Item 3 (Grade - Rate
- Rank and Date of Appointment) provide, in pertinent part, to enter the
grade held at the time of separation and the date of rank or appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be
corrected to show that he was serving in the grade of first lieutenant at
the time of his release from active duty on 28 February 1953.  However, the
applicant provides insufficient documentary evidence in support of his
claim.

2.  The evidence of records shows that the applicant was appointed a
Reserve commissioned officer in the grade of second lieutenant on 6 April
1951, that he entered active duty in the Army on 20 August 1951, and that
he was released from active duty in the grade of second lieutenant on 28
February 1953.  The evidence of record also shows that, subsequent to the
applicant's release from active duty (i.e., on 24 June 1954), he was
appointed a Reserve commissioned officer in the grade of first lieutenant.
Therefore, the grade in Item 3 of the applicant's DD Form 214 correctly
shows the applicant's grade (i.e., second lieutenant) at the time of his
release from active duty on 28 February 1953.

3.  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.  In view of the
foregoing, there is no basis for granting the applicant's request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 February 1956.  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

___JTM _  __JCR___  ___EEM   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.




                                  ____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015794                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19530228                                |
|DISCHARGE AUTHORITY     |SR 135-175-5 & Officer Personnel Act of |
|                        |1947                                    |
|DISCHARGE REASON        |By Direction of the President           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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