IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100023196
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 his military occupational specialty (MOS) shown in item 30 of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected from supply clerk (835) to light weapons noncommissioned officer (NCO) (1812). He also requests, in effect, that his Bronze Star Medal (BSM) Certificate be corrected from showing he served in combat in the European theater of operations to the Pacific theater of operations.
2. The applicant states when he was assigned to the 147th Infantry he only spent 4 months or less as a supply clerk. He served 16 months as a light weapons NCO which included combat on Iwo Jima. He served his final 4 months with the 147th Infantry as a rifle squad leader.
3. The applicant provides his WD AGO Form 53-55, his WD AGO Form 100 (Separation Qualification Record), and his BSM Certificate.
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 show he entered active duty from the Enlisted Reserve Corps on 20 March 1943. He served in the Asiatic-Pacific theater of operations from 21 July 1944 to 18 January 1946. He was honorably released from active duty on 15 February 1946.
3. The WD AGO Form 53-55 he was issued has "Supply Clerk 835" entered in item 30, it shows his unit as the 147th Infantry, and it shows he was awarded the Combat Infantryman Badge on 8 June 1945.
4. The applicant's military qualifications record shows he was awarded the MOS of rifleman on 3 July 1943 and duty NCO on 14 December 1943.
5. His military records show he was reassigned from Company G, 147th Infantry, to Headquarters, 63rd Ordnance, on 25 October 1945 and then to the 937th Ordnance on 12 December 1945.
6. The applicant's WD AGO Form 100 shows he served 3 1/2 months in infantry basic training (521) as a private, 12 months as an instructor (521) as a corporal, 4 months as a supply clerk (835) as a corporal, and 16 months as a light weapons NCO (1812) as a staff sergeant.
7. On 5 August 2010, this Board recommended awarding the applicant the BSM and to add that award, along with other omitted badges and medals, to his WD AGO Form 53-55. The BSM Certificate awarded to the applicant shows he served in the European theater of operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records are clear that he served 16 months as a light weapons NCO with the 147th Infantry.
2. However, he was assigned to Headquarters, 63rd Ordnance, on 25 October 1945 and then to the 937th Ordnance on 12 December 1945. It is highly unlikely he served as a light weapons NCO in those units.
3. Since the applicant served 4 months as a supply clerk when he was a corporal, it is reasonable to presume he resumed the duties of supply clerk when he was assigned to the ordnance units.
4. Since the applicant was presumably serving as a supply clerk at the time of his separation, his WD AGO Form 53-55 is presumed to correctly show that as his MOS.
5. However, the BSM certificate issued to the applicant clearly is in error as he served in the Asiatic-Pacific theater of operations, not the European theater of operations.
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 to issue him a BSM certificate that shows he served in the Asiatic-Pacific theater of operations in lieu of the BSM Certificate he was originally issued.
2. The Board further determined that the evidence presented was 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 his MOS.
_________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) AR20100023196
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ABCMR Record of Proceedings (cont) AR20100023196
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