RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060004263


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. Debruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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 records be corrected to
show that he was promoted to sergeant/E-5 effective 21 June 1951 and to
staff sergeant effective 1 August 1951.

2.  The applicant states, in effect, that he was serving in the grade of
corporal/pay grade T-5 [Tech 5th Grade] at the time of his first discharge
on 29 March 1948.  He continues that after he was recalled to active duty
on 27 July 1950, he was promoted to the grade of sergeant effective 21 June
1951 and to the grade of staff sergeant effective 1 August 1951.

3.  The applicant provides two WD AGO Forms 24A (Service Record) and two
Honorable Discharge Certificates in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 November 1951, the date of his separation from active duty.
The application submitted in this case is dated 10 March 2006.

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 enlisted in the Regular Army on 4 September 1946 for a
period of 18 months.  After completion of basic and advanced individual
training, he was awarded military occupational specialty 267 (Translator).

4.  Section 12 (Appointments, Promotions, or Reductions) of the applicant's
WD AGO Form 24A covering the period 4 September 1946 through an unreadable
date in 1948 contained two entries.  The first entry shows he was promoted
to the grade of private first class by Headquarters, 301st Military
Intelligence Company, APO 403, Company Orders Number 21, dated 28 June
1947.  The second entry shows he was promoted to the grade of Tech 5th
Grade by Headquarters, Support Troop, APO 46, Special Orders Number 19,
dated 12 September 1947.
5.  Item 3 (Grade) of the applicant's WD AGO Form 53 (Enlisted Record and
Report of Separation – Honorable Discharge) with a separation date of
3 February 1948, shows he was discharged from active duty in the grade of
"T 5" [Tech 5th Grade].

6.  Section 12 of the applicant's WD AGO Form 24A covering the period
12 February 1948 through 15 February 1952 contained four entries.  The
first entry shows he reenlisted in the grade of Tech 5th Grade.  The second
entry shows his grade was converted to the grade of private first class
effective 1 August 1948 based on Department of the Army Circular 202, dated
1948.  The third entry shows that he was temporarily promoted to the grade
of corporal/E-4 by Headquarters, 67th Infantry Division Company Orders
Number 33, dated 21 June 1951.  The fourth entry shows that he was
temporarily promoted to the grade of sergeant/E-5 by Headquarters, 7th
Infantry Division Special Orders Number 213, dated 1 August 1951.

7.  Item 3 (Grade-Rate-Rank and Date of Appointment) of the applicant's DD
Form 214 (Report of Separation from the Armed Forces of the United States)
with an effective date of 15 November 1951, shows the entry "SGT(T) 1AUG51"
[Sergeant (Temporary) 1 August 1951].

8.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

9.  Department of the Army Circular Number 202, dated 7 July 1948,
discontinued the Sergeant 4th grade and recruit was added as the 7th grade
effective 1 August 1948.  The circular also deleted the Technicians
designation effective 1 August 1948

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his promotion dates and dates of rank be
corrected to show that he was promoted to sergeant/E-5 effective 21 June
1951 and to staff sergeant/E-6 effective 1 August 1951.

2.  Evidence shows during the applicant's first enlistment, he was promoted
twice and held the grade of Tech 5th Grade at the time of his discharge
which is correctly shown on his WD AGO Form 53.

3.  Evidence shows the applicant reenlisted in the pay grade of Tech 5th
grade.

4.  Evidence shows in accordance with new policy, the applicant's pay grade
was converted to private first class effective 1 August 1948.  Orders show
that he was temporarily promoted on 21 June 1951 to the grade of corporal
and temporarily promoted on 1 August 1951 to the grade of sergeant.

5.  Evidence also shows at the time the applicant's discharge, he was
serving in the grade of sergeant/E-5 which is correctly shown on his
separation document.  Therefore, there is no basis to grant the applicant's
request in this case.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1951; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 November 1954.  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

_DED__  _RTD____  __LWR___  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.




                                     __Richard T. Dunbar__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004263                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |)                                       |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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