RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060013762 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Patrick H. McGann

Member

Mr. Gerald J. Purcell

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, correction of his records to show he was drafted into the Army in June 1944 and served as an infantryman.

2.  The applicant states, in effect, that the Certification of Military Service he was issued shows the wrong date for his entry into active service.

3.  The applicant provides a copy of National Personnel Records Center (NPRC), Military Personnel Records (MPR), St. Louis, Missouri letter, dated 18 September 2006, and NA Form 13038 (Certification of Military Service), dated 15 September 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
3 July 1947, the date of his discharge from the Army.  The application submitted in this case is dated 19 September 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 NPRC (MPR) stores records of individual military service pertaining to former service members who no longer have a service obligation.  Included are records of veterans who are completely discharged (with no remaining reserve commitment), or who are retired or have died.  Approximately 16-18 million Official Military Personnel Files (OMPF) pertaining to certain Army and Air Force service members were destroyed in a disastrous fire at the NPRC on 12 July 1973.  The NPRC uses alternate records sources to reconstruct basic service information destroyed in the fire.  When proof of military service is needed, the NPRC (MPR) attempts to reconstruct certain basic service data from alternate sources.  NPRC (MPR) has identified many of these sources, but each contains only limited military service information.  They are utilized to piece together
(i.e., reconstruct) basic service data.

4.  The applicant's military service records are not available to the Board for review.  It is believed that the applicant's records were lost or destroyed in the fire that occurred at the NPRC on 12 July 1973.  Available records consist primarily of two War Department (WD) Forms 372A (Final Payment-Work Sheets) and a National Archives and Records Administration (NARA), Access to Archival Databases (AAD), electronic record, dated 15 September 2006, pertaining to the applicant.  Based on these documents, there was sufficient evidence in a reconstructed record for the Board to conduct a fair and impartial review of this case.

5.  The applicant's military service records contain two WD Forms 372A (Final Payment - Work Sheets), Disbursing Office (D.O.) Voucher Number 398, Sub voucher number 8 (May 1947) and D.O. Voucher Number 267, Sub voucher number 37 (July 1947).  These documents were prepared to document the applicant's pay and entitlements for the periods 1 February 1947 through 30 April 1947 and 1 May 1947 through 3 July 1947, respectively.  The documents show, in pertinent part, that the applicant served in the Infantry branch of the Regular Army (RA).  The documents fail to make any reference to the applicant's date of entry into the Army.

6.  The applicant's military service records contain a NARA, AAD, electronic record that shows, in pertinent part, that the applicant enlisted in the Army on
16 November 1945.

7.  In support of his application, the applicant provides a copy of a NPRC, MPR, St. Louis, Missouri letter, dated 18 September 2006, that, in pertinent part, explains to the applicant his military service records are not in their files and that the record may have been in the area that suffered the most damage in the fire that occurred on 12 July 1973.  The letter also shows that alternate sources were used to reconstruct some record data lost in the fire and a NA Form 13038 (Certification of Military Service) was provided to the applicant that verifies his military service.  The Certification of Military Service shows, in pertinent part, that the applicant was a member of the RA from 16 November 1945 to 3 July 1947.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his Certification of Military Service should be corrected to show he was drafted into the Army in June 1944 and served as an infantryman.  However, he provides insufficient evidence in support of his claim.


2.  The evidence of record shows that the applicant enlisted and entered active service in the RA on 16 November 1945.  There is no official documentary evidence that shows the applicant was drafted and entered active service in June 1944.  Therefore, the applicant is not entitled to correction of the Certification of Military Service.

3.  The evidence of record shows the applicant served as a member of the Infantry branch.  However, the Certification of Military Service does not serve to document a former service member's branch or military occupational specialty.  Therefore, the applicant is not entitled to correction of the Certification of Military Service.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 July 1947; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 July 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

__JEV___  ___PHM_  ___GJP _  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.




______James J.Vick_______
          CHAIRPERSON




INDEX

CASE ID
AR20060013762
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/24
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19470703
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.