BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130019998
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 (MOS) and Number) of his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) and WD AGO Form 100 (Separation Qualification Record).
2. The applicant states:
* his discharge records list his MOS as "Basic Baker"
* he was never a baker and never baked for the U.S. Army
* he took care of 15 Germans while working for the U.S. Army
3. The applicant provides:
* WD AGO Form 100
* WD AGO Form 53
* Articles from the Cold War Clashes
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 complete 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. His WD AGO Form 53 shows he enlisted in the Regular Army on
17 February 1947. He served in the European theater of operations from
13 June 1974 to 27 July 1948 and held MOS 017 (Baker) at the time of his separation.
4. His WD AGO Form 100 shows his military occupational assignments included:
* 2 months as a recruit in basic training in MOS 521 (basic)
* 14 months as a private in MOS 017 (baker)
5. His WD AGO Form 100 also states:
* in Summary of Military Occupations he:
* served in MOS 017 (baker)
* baked bread and allied flour products such as rolls, cakes, pies and pastries, in a fixed and mobile bakery
* weighed proper amount of ingredients and mixed them using electric mixing machine and kneaded by hand
* prior to entering the Army, he worked as a baker at the Pellegrino Bake Shop in Brooklyn, NY
6. On 16 August 1948, he was honorably discharged at the expiration of his term of service.
7. Item 30 of his WD AGO Form 53 shows the entry "Baker 017."
8. There is no evidence that shows the applicant served in any other MOS during the period 17 February 1947 to 16 August 1948.
9. He provides an article titled "Crisis in Berlin" which pertains to Berlin in 1961. He also provides an article titled "Struggle for Survival: Manning the Cold War Army" that pertains to the mobilization of manpower during the Cold War.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he was never a baker as a civilian or in the Army was noted. However, the available evidence shows he served in MOS 017 (baker) for 14 months during his enlistment in the Army. Since he did not provide any evidence that shows he served in any other MOS, there is an insufficient evidentiary basis for granting the applicant's requested relief by amending either his WD AGO Form 53 or WD AGO Form 100.
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) AR20130019998
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ABCMR Record of Proceedings (cont) AR20130019998
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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