Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100026233
Original file (20100026233.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100026233 


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 military occupational specialty (MOS) be changed to show he was a loader/firer on the .40mm anti-aircraft weapon.

2.  The applicant states he would like his discharge to show his true job while in the military.

3.  The applicant provides no additional evidence in support of his application.

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.  The only record available to this Board is the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge).

3.  His WD AGO Form 53-55 shows:

* he was inducted on 23 March 1949 and entered into active duty 30 March 1943
* he served in the European Theater of Operations from 24 August 1944 to 20 January 1946
* he was released from active duty on 3 February 1946
* he held the MOS 345 (Truck Driver Light) at the time of his separation
* his branch (arm) of service was the Coast Artillery Corps (CAC)

4.  War Department Technical Manual TM 12-427 (Military Occupational Classification of Enlisted Personnel), effective 12 July 1944, does not provide an MOS for loader/firer on the .40mm anti-aircraft weapon.

DISCUSSION AND CONCLUSIONS:

1.  TM 12-426 did not provide an MOS for loader/firer on a .40mm anti-aircraft weapon.   There are no official documents available to show he held any MOS other than 345 at the time of his separation.

2.  Therefore, there is no basis on which to change his MOS on his WD AGO 53-55.

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)                                         AR20100026233





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026233



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060008967C070205

    Original file (20060008967C070205.doc) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. Although he was assigned to an infantry division, there is no evidence available which shows he was awarded an infantry MOS or served as an infantryman in the European-African-Middle Eastern Theater of Operations. It is noted that the applicant’s former Platoon Sergeant’s WD AGO Form 53-55 shows his MOS as Pioneer and award of the Combat Infantryman Badge.

  • ARMY | BCMR | CY2009 | 20090017295

    Original file (20090017295.txt) Auto-classification: Approved

    The applicant's military records are not available. He identifies the 1st Battalion, 162d Field Artillery (later re-designated 162d Field Artillery Battalion) as a Puerto Rican Army National Guard unit and the 816th Coastal Artillery Battery (Anti-Mortar Torpedo Boat) as one of several of "a considerable number of Puerto Rican organizations and units made up of draftees and assigned to the Puerto Rican Department." As a result, the Board recommends that all Department of the Army records...

  • ARMY | BCMR | CY2009 | 20090001222

    Original file (20090001222.txt) Auto-classification: Denied

    The only record available to the Army Board For Correction of Military Records is the applicant’s WD AGO Form 53-55. The applicant's WD AGO Form 53-55 does not show he was awarded or authorized the Combat Infantryman Badge or the American Defense Service Medal. Therefore, there is insufficient evidence to determine whether the applicant may have been awarded any other decorations or authorized any unit awards.

  • ARMY | BCMR | CY2006 | 20060011076

    Original file (20060011076.txt) Auto-classification: Denied

    The applicant requests that item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 887th Company, 82nd Airborne Division and not Battery C, 357th Anti-Aircraft Artillery (AAA) Searchlight Battalion. The applicant’s military records are not available to the Board for review. This regulation states the last unit, or similar element, to which an individual was assigned, rather than the element of which he was a part while moving to a...

  • ARMY | BCMR | CY2013 | 20130017631

    Original file (20130017631.txt) Auto-classification: Denied

    The applicant states, in effect, that: * all the FSM's awards were not listed on his WD AGO Form 53-55 * when the FSM passed away he had his complete military uniform with all medals and awards attached to it, including the Purple Heart and Silver Star * it was important to the FSM and to him as his son to know what the FSM did for his country 3. However, absent orders or substantiating evidence showing the FSM was awarded the Silver Star, there is insufficient evidence to correct his...

  • ARMY | BCMR | CY2010 | 20100022147

    Original file (20100022147.txt) Auto-classification: Denied

    The applicant provides copies of the following documents: * his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * his Honorable Discharge Certificate * two statements from his former first sergeant (1SG) and a former squad member * a handwritten paper showing he was WIA (Wounded in Action) * a WD AGO Form 1 (Morning Report) * a map of the 28th Infantry Regiment's movement in Germany CONSIDERATION OF EVIDENCE: 1. The applicant sustained gunshot wounds to...

  • ARMY | BCMR | CY2008 | 20080001254

    Original file (20080001254.txt) Auto-classification: Denied

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge. The opinion does note that the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...

  • ARMY | BCMR | CY2008 | 20080000716

    Original file (20080000716.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge, and to show he was an Infantryman, assigned to the 99th Infantry Division. Therefore, he is entitled to correction of his records to show this award. Although the applicant is entitled to award of the Combat Infantryman Badge, there is no evidence that the applicant held an infantry MOS.

  • ARMY | BCMR | CY2010 | 20100015287

    Original file (20100015287.txt) Auto-classification: Approved

    The applicant, the son of the former service member (FSM), requests that his father be awarded the Purple Heart for being wounded in combat on 16 December 1944 and correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 23 June 1945 to show award of the Purple Heart and all awards and decorations earned. The FSM's military records are not available to the Board for review. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2013 | 20130007834

    Original file (20130007834.txt) Auto-classification: Denied

    The applicant requests correction of item 30 (Military Occupational Specialty and Number) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his specialty as 745 (Rifleman) rather than 345 (Light Truck Driver). Item 30 of the WD AGO Form 53-55 in effect at the time showed the Soldier's MOS at the time of separation. The evidence of record shows the applicant held and performed in an infantry MOS (745) during his service in WWII as shown on his...