IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130007834
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 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).
2. The applicant states section 27 (Classification of Military Specialties) of his WD AGO Form 20 (Soldier's Qualification Record) shows his qualification as an infantry rifleman. His greatest contribution to the war was serving in combat with Company F, 276th Infantry, and Company I, 30th Infantry, as an infantry rifleman. He considers this to be his primary military occupational specialty (MOS).
3. The applicant provides:
* WD AGO Form 53-55
* WD AGO Form 20
* Extract of his WD AGO Form 24 (Service Record)
* WD AGO Form 100 (Separation Qualification Record)
* Letter of commendation
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 records show he was inducted into the Army of the United States and entered active duty in Syracuse, NY, on 19 October 1944. The "Organization to Which Attached" section of his WD AGO Form 24 shows he was assigned or attached to Company C, 7th Infantry Training Battalion, Camp Wheeler, GA, from 29 October 1945 to 10 February 1945.
3. Item 27 of his WD AGO Form 20 shows he completed training at Camp Wheeler, GA, in MOS 745 (Rifleman) on 25 January 1945. It also shows he was classified in MOS 521 (Basic Infantryman) on 1 September 1945 and MOS 566 (Duty Noncommissioned Officer (NCO)) on 8 December 1945.
4. Item 29 (Organization and Station) of his WD AGO Form 20 and item 36 (Service Outside Continental United States (CONUS) and Return) of his WD AGO Form 53-55 show he departed CONUS on 7 March 1945 and arrived in the European Theater of Operations (ETO) on 18 March 1945. While in the ETO, he was assigned as follows:
* on 8 April 1945, Company F, 276th Infantry, in MOS 745
* on 25 June 1945, Company I, 30th Infantry, in MOS 745
* on 30 August 1945, Headquarters, 1191st Labor Supervision Company, in MOS 521
* 4 February 1946, Headquarters, 153rd Labor Supervision Center, in MOS 566
5. He departed the ETO on 28 May 1946 and arrived back in CONUS on 6 June 1946. He was assigned to Company F, 10th Infantry, in MOS 566 (Duty NCO).
6. His WD AGO Form 100 shows in the "Military Occupational Assignment" block he served:
* 4 months in the rank of private in MOS 521, Infantry Basic
* 10 months in the rank of sergeant in MOS 345, Truck Driver, Light
7. The "Summary of Military Occupations" block of his WD AGO Form 100 shows he performed duties of Truck Driver - Light "Drove trucks and vehicles 2 1/2 ton capacity or less, to haul and transport personnel equipment and material," "did blackout driving," "read road maps and did first echelon maintenance," and "possessed military driver's permit."
8. He was honorably separated on 2 August 1946. Item 30 of his WD AGO Form 53-55 show his specialty as 345, Truck Driver, Light.
9. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided that item 6 of the WD AGO Form 53-55 would be completed as follows: "Enter the last unit or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity. Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity." Item 30 of the WD AGO Form 53-55 in effect at the time showed the Soldier's MOS at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant held and performed in an infantry MOS (745) during his service in WWII as shown on his WD AGO Form 20. However, at the time of his separation, he held the Truck Driver, Light (345) MOS. The regulation in effect at the time of his service required an entry in item 30 of the Soldier's MOS at the time of separation.
2. His performance in the infantry is correctly and well-documented on his WD AGO Form 20. Likewise, the MOS he held at the time of his separation is documented on his WD AGO Form 53-55. There is neither an error nor an injustice or a reason to change the MOS listed on his WD AGO Form 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) AR20130007834
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