IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013116 


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, his last name be corrected in item 1 (Last Name, First Name, Middle Initial) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation); his grade be corrected to show technician fourth grade instead of private in item 3 (Grade); and item 31 (Military Qualification and Date) be corrected to show a marksmanship badge for the .50 caliber machine gun.

2.  The applicant states:

* His last name is G__L__ not G__I__
* In 1943 he volunteered for training for the .50 caliber machine gun
* His gun crew took top honors stripping the .50 caliber machine guns down and reassembling them while blindfolded in the shortest time
* The marksmanship badge for the .50 caliber machine gun should have been listed on his discharge

3.  The applicant also states by the time his unit was ready to ship out for North Africa he had made technician fourth grade.  However, in 1945, while on guard duty in Italy, he had terrible cramps and discovered if he squatted down and squeezed his stomach it helped to relieve the cramps.  He contends his tour was almost up so he did not want to give in to it and call for help.  Someone saw him and reported to the officer in charge he was sleeping.  Consequently, he lost his technician fourth grade stripes.  He claims he was too timid to speak up for himself.

4.  The applicant further states he belongs to the American Legion Mohican Post in South Glens Falls and has received a certificate of appreciation for the work he has done there.  He is now 87 years old, he is having vascular problems, and he would rather have no brass marker than one with private on it.

5.  The applicant provides:

* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)
* State of New York Enlistment Record
* Photograph of a .50 caliber machine gun
* Two newspaper articles
* Letter, dated 18 April 1944, from the commanding officer at Headquarters, 941st Engineer Aviation Topographic Battalion

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 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.  

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army of the United States on 19 August 1942.  He served as a topographic draftsman in the Mediterranean theater of operations from 4 September 1943 to 15 November 1945 and he was honorably discharged on 30 November 1945.

4.  Item 1 on the applicant's WD AGO Form 53-55 shows the last name G__I__.  His grade is shown as "PVT" [private] in item 3 (Grade).  Item 31 on his WD AGO Form 53-55 does not show a marksmanship qualification badge with .50 caliber machine gun as an authorized marksmanship qualification badge.  Item 38 (Highest Grade Held) on his WD AGO Form 53-55 shows the entry "TEC 4" [technician fourth grade].  Item 56 (Signature of Person Being Separated) on his WD AGO Form 53-55 shows a legible signature and the last name is G__L__.  His WD AGO Form 53-55 also shows he had 7 days of lost time.  

5.  The applicant provided a letter, dated 18 April 1944, from the commanding officer at Headquarters, 941st Engineer Aviation Topographic Battalion which shows the last name G__L__ and his grade as "Tech 4."

6.  The applicant's War Department Form 372A (Final Payment - Work Sheet), dated 26 November 1945, shows the last name G__L__ and his grade was private.

7.  There is no evidence in the available records which shows the applicant was promoted to technician fourth grade following his reduction to private.

8.  There are no orders for the marksmanship qualification badge with .50 caliber machine gun in the available records. 

9.  The applicant's WD AGO Form 100 shows the last name G__L__.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's War Department Form 372A, WD AGO Form 100, and the legible signature/entry in item 56 on his WD AGO Form 53-55 which show the last name G__L__ is accepted as sufficient evidence on which to amend his last name in item 1 on his WD AGO Form 53-55.

2.  The evidence of record shows the applicant's highest grade held was technician fourth grade.  However, the applicant contends he was reduced in rank for sleeping on guard duty in Italy in 1945.  His WD AGO Form 53-55 shows he was a private at the time of his discharge on 30 November 1945.  There is no evidence of record which shows the applicant was promoted to technician fourth grade following his reduction to private.  Regrettably, there is insufficient evidence on which to amend item 3 on his WD AGO Form 53-55.

3.  There is no evidence of record which shows the applicant received the marksmanship qualification badge with .50 caliber machine gun.  Therefore, there is insufficient evidence on which to add this marksmanship badge to item 31 on his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  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 deleting the last name in item 1 on his WD AGO Form 53-55 and replacing it with the last name shown on his War Department Form 372A.

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 amending items 3 or 31 on his WD AGO Form 53-55.



      _______ _   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)                                         AR20100013116



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ABCMR Record of Proceedings (cont)                                         AR20100013116



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