RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007348


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 the entries in item 41 (Dates
of Last Civilian Employment), item 42 (Main Civilian Occupation), and item
43 (Name and Address of Last Civilian Employee) on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) be deleted.

2.  The applicant states he entered active duty after high school and did
not have previous civilian employment.  He states he was 15 years old in
1945 and the position of truck driver for the Toombs County Board of
Education was held by his father.

3.  The applicant provides two DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 September 1951.  The application submitted in this case is
dated 9 May 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 was born on 27 June 1930.  He completed 4 years of high
school and entered active service on 17 August 1948.  The applicant was
honorably discharged from active duty on 20 September 1951 for the purpose
of immediate reenlistment.

4.  Item 41 on his DD Form 214 for the period ending 20 September 1951
shows the dates of his last civilian employment as 1945 to 1948.

5.  Item 42 and item 43 on his DD Form 214 for the period ending 20
September 1951 shows the entries “Truck Driver” and “Toombs Central Board
of Education Lyons, Ga.”

6.  The applicant reenlisted in the Army on 21 September 1951 and was
discharged on 9 September 1954.

7.  Item 41 on his DD Form 214 for the period ending 9 September 1954 shows
the dates of last civilian employment as 1945 to 1948.

8.  Item 42 and item 43 on his DD Form 214 for the period ending 9
September 1954 shows the entries “Truck Driver” and “Not Applicable.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 4 years of high school and entered active duty
in August 1948.

2.  The applicant contends he entered active duty after high school and did
not have previous civilian employment.  His DD Form 214 for the period
ending 20 September 1951 shows he was a truck driver for the Toombs Central
Board of Education from 1945 to 1948.  However, it appears that the
applicant was a student in high school during this period.

3.  Therefore, as a matter of equity, it would be appropriate to delete the
entries “1945 to 1948” from item 41; “Truck Driver” from item 42, and
“Toombs Central Board of Education Lyons, Ga.” from item 43 on his DD Form
214 for the period ending 20 September 1951.

4.  Additionally, it would be appropriate to delete the entries “1945 to
1948” from item 41 and “Truck Driver” from item 42 on his DD Form 214 for
the period ending 9 September 1954.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 September 1951; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 September 1954.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

CG______  TR______  PT______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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.  deleting the entry “1945 to 1948” from item 41 on his DD Form 214
for the period ending 20 September 1951 and entering “Not Applicable”;

      b.  deleting the entry “Truck Driver” from item 42 on his DD Form 214
for the period ending 20 September 1951 and entering “Not Applicable”;

      c.  deleting the entry “Toombs Central Board of Education Lyons, Ga.”
from item 43 on his DD Form 214 for the period ending 20 September 1951 and
entering “Not Applicable;

      d.  deleting the entry “1945 to 1948” from item 41 on his DD Form 214
for the period ending 9 September 1954 and entering “Not Applicable”; and

      e.  deleting the entry “Truck Driver” from item 42 on his DD Form 214
for the period ending 9 September 1954 and entering “Not Applicable”.




                            Curtis Greenway_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007348                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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