RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060005308


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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 that item 3 (Grade) on his WD AGO Form 53-55
(Enlisted Record and Report of Separation) be corrected to show technician
five instead of private first class.

2.  The applicant states that he was a technician five when he left the
Army.

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 December 1945.  The application submitted in this case is dated 3 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 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 that the
applicant’s 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.

4.  The applicant was inducted on 27 September 1943 and entered active duty
on 18 October 1943.  He served as an infantryman in the European Theater of
Operations from 19 April 1944 through 3 July 1945 and was honorably
discharged on 9 December 1945.

5.  Item 3 on the applicant's WD AGO Form 53-55 shows the entry, "PFC”
[private first class].  Item 38 (Highest Grade Held) on his WD AGO Form 53-
55 shows the entry, "PFC.”

6.  The available records contain numerous service medical records which
show the applicant’s grade as private first class.  His Final Payment –
Work Sheet

shows his grade as private first class.  Also, his discharge orders, dated
30 November 1945, show his grade as private first class.

7.  There is no evidence in the available records which shows the applicant
held the rank of technician five temporarily or was promoted to technician
five prior to his discharge on 9 December 1945.

8.  A review of the enlisted rank/pay grade structure of the Army between 1
July 1920 and 31 July 1948, shows that the three lowest pay grades (grade 7
through grade 5) essentially consisted of a private (grade 7); private
first class (grade 6); and corporal/technician five (grade 5); grade 4
personnel carried the rank title of sergeant/technician four; grade 3
personnel carried the rank title of staff sergeant or technician three.
During World War II, many enlisted personnel held a higher rank
temporarily, with the title of “acting” before the rank, but no promotion
orders were issued, and they were not entitled to pay at the higher rank
level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was a private first class at
the time of his discharge on 9 December 1945.  There is no evidence of
record which shows that he held the rank of technician five temporarily or
was promoted to technician five prior to his discharge.  Therefore, there
is no basis for granting the applicant's request to amend item 3 on his WD
AGO Form 53-55.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 9 December 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  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

MT_____  _RR____  __JH____  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.



                                  ___Marla Troup_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005308                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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