RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	8 January 2008  
	DOCKET NUMBER:  AR20070011247 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones

Chairperson

Ms. LaVerne Douglas

Member

Mr. Michael J. Flynn

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 item 13 (Title-Description-Related Civil Occupation), of his WD AGO Form 100 (Separation Qualification Record), to show that he also served as a "Tank Mechanic" in addition to being an "Automotive Mechanic" and  correction of item 30 (Military Occupational Specialty (MOS) and No. (Number), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), to show the entry "Tank Mechanic 660" in addition to the already-shown "Automotive Mechanic 014."

2.  The applicant states, in effect, that his WD AGO Form 100 did not fully describe his duties as a "Tank Mechanic" and "Wheeled Vehicle Mechanic." 

3.  The applicant provides a copy of WD AGO Form 100 and a copy of WD AGO Form 53-55 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he enlisted and entered active duty on 1 April 1942, as a truck driver (345).  He served in the Asiatic-Pacific Theater of Operations (APTO) from 5 July 1943 to 16 November 1945.  While in service, he served in military occupational specialty 014, Automotive Mechanic.  He was honorably separated on 29 November 1945.




3.  The applicant’s WD AGO Form 100, Military Occupational Assignments section, shows the below entries:

Item 10	Item 11	Item 12
Months	Grade		MOS

3		Pvt		Basic Training		521

4		Pvt		Truck Driver	Lt (Light)	345

15		Tec4		Automotive Mechanic	014

15		Tec4		Tank Mechanic Min Mt	660

4.  Item 13, of his WD AGO Form 100, shows the entry "Automotive Mechanic:
Served with a Cannon Company of an Infantry Division in the U. S. and Pacific through three major campaigns.  Performed maintenance and repair on trucks and wheeled vehicles.  Checked brakes, ignition, carburetor, and other parts for proper functioning.  Checked battery and tires and general condition of vehicle.  Used all types of auto mechanic's tools."

5.  Item 30, of his WD AGO Form 53-55, shows the entry "Automotive Mechanic 014."

6.  Technical Manual 12-235, in effect at the time of the applicant's separation, which provided policy and guidance in the preparation of separation forms and documents, states that, in Item 30, MOS will be the same as the MOS entered on the WD AGO Form 100, if executed; otherwise from the WD AGO Form 20.  The number will follow the title.  It also states that item 55 (Remarks) is used for entries required by War Department Directives, for which a separate block is not available, for completing entries that are too long for their blocks, and as a continuation for entries indicated on the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows that he was serving as an automotive mechanic, in MOS 014, at the end of his service during World War II. However, a review of his WD AGO Form 100 shows that he last served as a tank mechanic, minor maintenance, in MOS 660, for 15 months, prior to his separation from active duty. 


2.  The applicant's WD AGO Form 100, item 13, listed his last military duties as an automotive mechanic while serving in the APTO during World War II.  By regulation, the applicant's MOS of 014, Automotive Mechanic, was more beneficial and common to support him in applying for civilian employment after his separation from active duty.  

3.  It is apparent that the title/description listed in item 13, of his WD AGO Form 100, was entered to show the MOS that was more beneficial and common to him in the civilian sector and to support him in future employment endeavors.  

4.  TM 12-235 provided that the MOS to be entered in item 30 would be the same as that entered on the WD AGO Form 100, if executed, and otherwise from the WD AGO Form 20.  Since the WD AGO Form 20 is not available, an inference can be made that the MOS 014, Automotive Mechanic, remained his primary MOS to the date of his separation from active duty.  Therefore, there is no basis to change item 30, of his WD AGO Form 53-55.  

5.  It has been approximately 62 years since the applicant's separation from active duty and he is now requesting that the entry be changed to show that
he was a Tank Mechanic instead of an Automotive Mechanic.  However, the applicant is reminded that the WD AGO Form 100 was prepared based on information taken from his Army records and supplemented by a personal interview with him.  The information recorded on the WD AGO Form 100 was prepared with the intent that it be presented to former employers, prospective employers, representatives of schools and colleges, or used in any way that would prove beneficial to the veteran.  The information recorded in item 13, of
the WD AGO Form 100, was at the time of his separation deemed to be most beneficial to the applicant and he is therefore not entitled to a change to this form. 

6.  It appears that it would now be in the interest of equity to correct the applicant's records to show that he served as a tank mechanic prior to his separation from active duty.  His records should therefore be corrected to show the entry "Tank Mechanic 660" in item 55 (Remark), of his WD AGO Form 53-55.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___FJ___  _LD_____  ___MF__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "Tank Mechanic Min Mt 660" in item 55 (Remarks), of his WD AGO Form 53-55.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 30 (MOS and No.), of his WD AGO Form 53-55, to show the entry "Tank Mechanic Min Mt 660" and item 13 (Title-Description-Related Civil Occupation), of his WD AGO Form 100, to show the entry "Tank Mechanic." 




____Frank C. Jones_______
          CHAIRPERSON




INDEX

CASE ID
AR20070011247
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080108
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451129
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.