RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060011352
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:
Mr. William Crain
Chairperson
Mr. Edward Montgomery
Member
Ms. Rea Nuppenau
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 30 (Military Occupational Specialty and No.) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show machine gunner and not truck driver.
2. The applicant states that he was a fifty caliber machine gunner, not a truck driver. He contends, in effect, that when he was being discharged the lieutenant who was filling out his paperwork told him that no one would hire him as a fifty caliber machine gunner in civilian life and advised him to put down that he was a truck driver. He states that he was never assigned as a truck driver, that he was an artilleryman and a fifty caliber machine gunner.
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 25 April 1946. The application submitted in this case is dated 2 August 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 applicants 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 applicants 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 14 April 1944. He served in the European Theater of Operations from 21 January 1945 through 28 July 1945 and was honorably discharged on 25 April 1946.
5. Item 30 on the applicant's WD AGO Form 53-55 shows the entry, "TRUCK DRIVER LIGHT 345."
6. There is no evidence in the available records which shows the applicant served as a machine gunner.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows that the applicant served as a machine gunner during World War II. Regrettably, there is insufficient evidence on which to amend item 30 on his WD AGO Form 53-55.
2. Records show the applicant should have discovered the alleged error now under consideration on 25 April 1946; 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
WC____ __EM____ __RN____ 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.
__William Crain______
CHAIRPERSON
INDEX
CASE ID
AR20060011352
SUFFIX
RECON
DATE BOARDED
20070308
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0500
2.
3.
4.
5.
6.
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