RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 March 2007
DOCKET NUMBER: AR20060009497
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Thomas M. Ray
Chairperson
Mr. Jeffrey C. Redmann
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his rank as sergeant (SGT)/pay grade E-5 instead of private first class (PFC)/pay grade E-3.
2. The applicant states, in effect, that in May 1945, he was assigned to the 82nd Reconnaissance Battalion, 2nd Armor Division as a tank driver. The requirement was that a SGT serve in a tank driver position. He further states that because he went on sick call he was transferred to Berlin, Germany and then to Paris, France. He never returned to his outfit. Upon returning to the United States of America he was discharged. He served as a PFC from July 1943 until he was separated and was never promoted to SGT.
3. The applicant provides a copy of his WD AGO Form 53-55, Honorable Discharge Certificate, and Headquarters, 2nd Armored Division Special Orders Number 54, dated 7 August 1945.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 27 November 1945, the date he was discharged from active duty. The application submitted in this case is dated 19 June 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 applicants failure to timely file.
3. The applicant entered active duty on 23 April 1943. After completion of basic combat training and advanced individual training, he was awarded military occupational specialty 733 (Scout Car Driver). The WD AGO Form 53-55 he was issued shows his last significant unit of assignment was Company C, 82nd Armored Reconnaissance Battalion. He was honorably discharged from active duty on 27 November 1945 after serving a total of 2 years, 7 months, and
12 days of active service.
4. Item 3 (Grade) of the applicants DD Form 214 contains the entry PFC.
5. The applicants military service records do not contain any evidence of a promotion order promoting him to SGT.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show his rank as SGT because the position that he served in required that the individual be a SGT.
2. There is no evidence in the applicant's records to show that he was promoted to the rank of SGT. Therefore, he is not entitled to correction of his records to show SGT in item 3 (Grade) of his WD AGO Form 53-55.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 November 1945. However, the ABCMR was not established until 2 January 1947. As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. 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
____jrh__ ____jcr__ ___tmr___ 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.
__________Thomas M. Ray______
CHAIRPERSON
INDEX
CASE ID
AR20060009497
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
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