RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060004908


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |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 separation document be
corrected to show his grade as either a "technician 4th grade or a
sergeant."

2.  The applicant states, in effect, that he was promoted to a technician
4th grade in 1948.

3.  The applicant provides two pages of Morning Reports, two pages of
medical documents, and an unknown document in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 December 1948, the date of his separation.  The original
application is dated 15 April 2005 and was resubmitted on 6 April 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's military records are not available for review.  A fire
destroyed approximately 18 million service members' records at the National
Personnel Records Center in 1973.  It is believed that the applicant's
records were lost or destroyed in that fire.  However, there were
sufficient documents that the applicant submitted to conduct a fair and
impartial review of this case.

4.  The applicant enlisted in the Regular Army on 4 February 1946 and
served in the military occupational specialty 566 (Duty Noncommissioned
Officer).  The applicant served in the Asiatic-Pacific Theater of
Operations during the period 23 November 1946 through 27 October 1948.

5.  The applicant submitted an untitled document that shows when he was
administered medical treatment.  This form contains several entries during
the period 14 May 1948 through 22 June 1948 which show between 14 May 1948
and 3 June 1948 he was promoted to the rank of technician 4th grade/pay
grade 4.
6.  Item 3 (Grade) of the applicant's WD AGO Form 53 (Enlisted Record and
Report of Separation Honorable Discharge) shows the entry "CPL" [corporal].
 Item 38 (Highest Grade Held) shows the entry "CPL."

7.  On 1 August 1948, the Department of the Army changed the Enlisted Grade
Structure.  A grade 1 was converted to master sergeant, grade 2 to sergeant
first class, grade 3 to sergeant, grade 4 to corporal, grade 5 to private
first class, grade 6 to private, and grade 7 to recruit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his WD AGO Form 53 to show he was
separated in the grade of technician 4th grade or sergeant.

2.  Evidence shows the applicant was promoted to technician 4th grade
between May and June of 1948.

3.  On 1 August 1948, the Army's enlisted pay grades were converted.
Soldiers serving in grade 4 (sergeant and technician 4th grade) were
converted to the grade of corporal.

4.  Evidence shows that at the time of the applicant's separation from
active duty, his grade was converted to the grade of corporal in accordance
with the new structure.  Therefore, the applicant's WD AGO Form 53 is
currently correct as constituted.

5.  In view of the foregoing, 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 4 December 1948; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 3 December 1951.  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

__JEA___  __JLP___  _SWF___  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.




                                   __ James E. Anderholm__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|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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