RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010150


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 record be corrected to show
his Army Air Force (AAF) service.

2.  The applicant states, in effect, that his service in the air force was
omitted from his Enlisted Record and Report of Separation Honorable
Discharge
(WD AGO Form 23) and his Separation Qualification Record (WD AGO Form 100).


3.  The applicant provides the following documents in support of his
application:  WD AGO Form 53; WD AGO Form 100; Honorable Discharge
Certificate; Sergeant (SGT) Promotion Certificate, dated 25 December 1947;
and Corporal Promotion Certificate, dated 3 November 1947.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 March 1949, the date of his separation.  The application
submitted in this case is dated 10 July 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's separation documents and the promotion certificates he
provided.

4.  The applicant's WD AGO Form 53 shows that he enlisted in the Regular
Army and entered active duty on 7 March 1946.  Item 3 (Grade) shows he held
the rank of corporal.  Item 6 (Organization) shows he was serving with
Headquarters Detachment Number 2, 9135 TSU, Camp Lee, Virginia on the date
of his separation.  Item 30 (Military Occupational Specialty and No.) shows
he held the military occupational specialty (MOS) 405 (Clerk Typist).  Item
38 (Highest Grade Held) shows that the highest rank he held while serving
on active duty was corporal, and Item 41 (Service Schools Attended) shows
he completed the
10-week Basic Administration (MOS 405) course at the Quartermaster School,
Camp Lee, Virginia.  The applicant authenticated this document with his
signature in Item 56 (Signature of Person Being Separated) on the date of
his separation.

5.  The applicant's WD AGO Form 100, which was prepared using information
in the applicant's record and information obtained from a personal
interview with the applicant, shows he served as a clerk typist for 36
months.  It also shows he completed an AAF 10-week clerk typist (MOS 405)
course, and that he held the rank of corporal on the date of his
separation.  The applicant authenticated this document with his signature
in Item 24 (Signature of Person Being Separated) on the date of his
separation.

6.  The applicant provides an Honorable Discharge Certificate that shows he
was honorably discharged on 7 March 1949, in the Regular Army rank of
corporal.  He also provides an Army of the United States certificate, dated
15 December 1947, which shows that while serving with Headquarters and
Headquarters Squadron, 332nd Fighter Wing, he was appointed a sergeant
(temporary).

7.  War Department Technical Manual 12-235 (Enlisted Personnel Discharge
and Release From Active Duty) contains the policy on the preparation of
separation documents at the time of the applicant's separation.  It stated,
in pertinent part, that the WD AGO Form 53 was completed using the Service
Record, Soldier's Qualification Card, Immunization Register, and
information ascertained by interview with the dischargee.  It further
stated that the WD AGO Form 100 would be completed in interview with the
dischargee and reference to the Soldier's Qualification Card.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his AAF service is not properly
documented on his separation documents was carefully considered.  However,
there is insufficient evidence to support a correction to these documents
at this late date.

2.  The applicant's WD AGO Form 53 confirms he held the rank of corporal on
the date of his separation and that this was the highest rank he attained
while serving on active duty.  It also shows that he was serving as a clerk
typist at Camp Lee, Virginia on the date of his separation.  The applicant
authenticated this document with his signature on the date of his
separation, 7 March 1949.  In effect, his signature was his verification
that the information contained on this document was correct at the time it
was prepared and issued.

3.  The applicant's WD AGO Form 100 also confirms he served in MOS 405 as a
clerk typist and that he had completed a 10-week AAF clerk typist (MOS 405)
course.  This document also confirms he held the rank of corporal.  The
applicant also authenticated this document with his signature on the date
of his separation.

4.  The veracity of the applicant's contentions that he served in the AAF,
and that he held the rank of sergeant, and of the information contained on
the certificates he provides are not in question.  However, absent any
evidence of record to corroborate the information contained on the
certificates provided or that confirms the period of his AAF service, there
is an insufficient evidentiary basis to change the information contained on
the separation documents at this late date, more than 50 years after the
fact.

5.  The fact that the applicant wants the information contained on the
separation documents expanded to include his AAF service does not provide a
sufficient evidentiary basis to support a conclusion that the documents as
they are currently constructed are in error, or that he has or will suffer
an injustice as a result of these documents remaining as they are.  Absent
any evidence of an error or injustice, Government regularity is presumed in
the preparation of the separation documents, which included the applicant's
participation through personal interviews.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 March 1949, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 6 March 1952.  He failed to 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

__HOF __  __WFC__  __DED__  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.




                                  _____Hubert O. Fry______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010150                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1949/03/07                              |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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