RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    8 August 2006
      DOCKET NUMBER:  AR20050017676


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |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 record be corrected to show
all his service, in particular his service in the Regular Army.

2.  The applicant states, in effect, that he served in the Regular Army
from 23 November 1945 through 7 May 1947 and his record of service doesn't
show this time.  The applicant adds that he was also overseas with the
71st Constabulary in Germany.

3.  The applicant submitted no additional documentation in support of his
application for correction of his records.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provided no statement and elected to have the applicant and the
application speak for themselves.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 7 May 1947, the date he was discharged from
the Regular Army.  The application submitted in this case is dated 29
November 2005, but was received for processing on 13 December 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from the applicant's reconstructed personnel records, a previously issued
certificate of military service, and other official Army sources documents.

4.  The applicant was inducted into the Army of the United States on 2
October 1944.  He was honorably discharged in the grade of Private First
Class on
23 November 1945.  This service is documented in a NA Form 13038,
Certification of Military Service, prepared for and issued to the applicant
by the National Personnel Records Center, National Archives and Records
Administration, on 23 November 2005.

5.  The Electronics Army Serial Number Merged File, World War II Army
Enlistment Records, for the period 1938 through 1946, on file at the
National Archives shows the applicant enlisted in the Regular Army for 6
years, on 24 November 1945, in the grade of Private First Class, at
Shelbyville, Indiana.

6.  DA Form 1, Morning Report, for the Separation Point, 2101 ASU DEML
[Administrative Support Unit, Demobilization], Fort George G. Meade,
Maryland, prepared for 13 May 1947, shows the applicant was released from
active duty and dropped from the rolls of the Army per Discharge Roster 171
with an effective date, 7 May 1947.

7.  The applicant's statement that he served overseas with the 71st
Constabulary in Germany cannot be verified through review of the available
records.  The applicant submitted no documentation to support his statement
that he served in Germany with the 71st Constabulary.

8.  NA Form 13038, Certification of Military Service is issued in the
absence of a copy of the actual Report of Separation or its equivalent.
This document serves as verification of military service and may be used
for any official purpose.  The certification is not valid without an
official seal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in the Army of the United
States from 2 October 1944 until he was honorably discharged on 23 November
1945.

2.  The evidence also shows that the applicant enlisted for 6 years in the
Regular Army on 24 November 1945 and served on active duty until he was
discharged for the purpose of demobilization at Fort George G. Meade,
Maryland, on 7 May 1947.

3.  Based on the available evidence, the applicant is entitled to a
correction of his service record and he is entitled to be issued a document
to show his combined service as a member of the Army of the United States
and the Regular Army.  The total of his service being 2 years, 7 months,
and 6 days.
4.  Because the applicant's service records are believed to have been lost
or destroyed in the St. Louis fire of 1973, the applicant's contention that
he served in Germany as part of the 71st Constabulary cannot be verified.
Therefore, the Board can offer no effective relief with regards this
allegation/contention and his is not entitled to a correction of his
records to show this overseas service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___A____  _D _____  __JRH __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  correcting the applicant's records to show he served as a member
of the Army of the United States from 2 October 1944 through 23 November
1945 and as a member of the Regular Army from 24 November 1945 through 7
May 1947; and

      b.  issuing the applicant an official document to show all his
service as a member of the Armed Forces during and after the period of
World War II.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the applicant's service overseas, in Germany, with the 71st Constabulary.




                            _____James E. Anderholm_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017676                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.   233                |113.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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