IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20120022849
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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show military occupational specialty (MOS) 824 (Mess Steward), instead of MOS 014 (Automotive Mechanic).
2. The applicant states he was trained and worked as a cook; therefore, he would like to "obtain the rating."
3. The applicant provides his WD AGO Form 100 (Separation Qualification Record) and the National Veterans Legal Services letter, dated 19 October 2012.
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 applicants military records are not available 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 provided by the applicant to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army on 2 April 1946. His WD AGO Form 100 shows both military occupational specialty (MOS) 824 (Mess Steward) and MOS 014 (Automotive Mechanic). It does not show the number of months he performed the duties of a mess steward. However, it does show that he performed the duties of an automotive mechanic for 10 months. It appears that he was serving in this MOS at the time of discharge because this form summarizes his duties as an automotive mechanic.
4. The applicant was honorably discharged on 24 April 1947 after completing
1 year and 23 days of active military service.
5. The applicant provides a letter from an individual at the National Veterans Legal Services, dated 19 October 2012, which basically clarifies the applicant's request.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Although his WD AGO Form 100 shows he was awarded both MOS 824 and MOS 014 it does not show the number of months or whether he ever performed the duties of a mess steward; however, it does show that he performed the duties of an automotive mechanic during 10 of the 12 months that he served in an active duty status and it appears he was serving as an automotive mechanic at the time of discharge.
3. In the absence of evidence to the contrary, it must be presumed that his
WD AGO Form 53-55 correctly shows his MOS as automotive mechanic.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20120022849
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ABCMR Record of Proceedings (cont) AR20120022849
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