IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080004225
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his military occupational specialty (MOS) code be changed to Rifleman (745).
2. The applicant states, in effect, that he served as a rifleman in Company E, 60th Infantry Regiment from February to March 1945. He further states, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge), shows his MOS as Field Lineman (641). He was a Field Lineman when he was assigned to the 841st AAA Auto Weapons Battalion, not when he was with Company E 60th Infantry Regiment. The applicant adds that when he was sent to Camp Stewart he was trained as a Field Lineman in communications. After 1 year he was sent to Westhampton Beach in Suffolk County Army Airfield, Long Island New York, about 3 months later the Battalion was sent to Camp Butner, North Carolina. On 23 October 1944, he was sent to Camp Howe, Texas. He was later sent to Fort Jackson South Carolina for basic infantry training and qualified expert with the M1 Rifle. He was assigned to Fort Meade Maryland for more training and was sent overseas as a rifleman replacement (745), Company, E 60th Infantryman Regiment.
3. The applicant provides a self-authored letter and a copy of his WD AGO Form 53-55 (Honorable Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. 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. This case is being considered using reconstructed records, which primarily consist of the applicants WD AGO Form 53-55.
3. The applicant was inducted into the Army on 14 June 1943 and entered active duty on 28 June 1943. His MOS is shown on his WD AGO as Field Lineman (641). He arrived in the European-African-Middle Eastern Theater of Operations on 18 February 1945.
4. The applicant departed the theater of operations on 20 April 1945. He was discharged with a certificate of disability on 22 August 1945. His WD AGO Form 53-55 shows his branch as Infantry, his organization as Company E, 60th Infantry Regiment, and his MOS as 641, field lineman. It also shows he served
1 year and 11 months of continental [United States] service.
5. War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provided uniform procedures in discharging or releasing personnel from active duty. The instructions for completing the Report of Separation (WD AGO Form 53-55) states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, Certificate of Disability for Discharge, Citations, General Court-Martial Orders (when applicable), Separation Qualification Record, and information ascertained by interview with the discharge. The instructions for completing Item 30 (Military Occupational Specialty and Number) are not shown in this publication.
DISCUSSION AND CONCLUSIONS:
1. The applicants WD AGO Form 53-55 shows that he was assigned to the 60th Infantry Regiment. The available evidence of record also shows the applicant was trained as a Field Wireman, awarded MOS 641 as his primary MOS, and that Item 30 of his WD AGO properly documents MOS 641 (Field Wireman) as the MOS the applicant held during the period of service under review. There is no evidence and the applicant has not provided any evidence to support his allegations.
2. The sincerity and authenticity of the applicants comments in his writings are not in question. However, based on the available information, there is insufficient evidence upon which to change his MOS in this case.
3. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X__ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080004225
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ABCMR Record of Proceedings (cont) AR20080004225
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