IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140001566
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) to show his "Medium Tank Crewman" MOS.
2. He states an administrative oversight occurred at the time his WD AGO Form 53 was prepared. He has been found to have hearing loss and thinks it would be helpful to add this MOS to his discharge document.
3. The applicant provides a training certificate and his WD AGO Form 53.
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 enlisted in the Regular Army and entered active duty on 31 May 1946.
3. He provided a Replacement Training Center, Fort Knox, KY, certificate of training that shows he attended and successfully completed the prescribed training course for Medium Tank Crewman during the period 17 June 1946 to
10 August 1946.
4. The applicant's WD AGO Form 53 shows he was honorably discharged on
24 October 1947. It also shows in:
* item 30 - "INST AUTO MECH" (Automotive Mechanic) 014
* item 41 (Service Schools Attended) - 8th Army Maintenance School, Yokohama, Japan, 8 weeks and "A B" School Fort Benning, GA, 4 weeks
5. Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, prescribed the instructions for completion of separation documents. It stated the MOS would be entered in item 30 and would be the same MOS entered on the WD AGO Form 100 (Army Separation Qualification Record), if executed, otherwise from the WD AGO Form 20 (Soldier's Qualification Card). Enter the service schools attended in item 41 as listed in the Service Record and on the WD AGO Form 20.
DISCUSSION AND CONCLUSIONS:
1. There is insufficient evidence to show that the applicant held the Medium Tank Crewman MOS at the time of his separation. As such, he is not entitled to this portion of the requested relief.
2. However, his certificate of training that shows he successfully completed required course of instruction for Medium Tank Crewman is sufficient evidence to add this training to item 41 of his WD AGO Form 53.
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 by adding to item 41 of his WD AGO Form 53 the entry: Medium Tank Crewman, Replacement Training Center, Fort Knox, KY, 7 Weeks.
2. The Board further determined that the evidence presented is 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 adding the MOS "Medium Tank Crewman" to item 31 of his WD AGO Form 53.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20140001566
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ABCMR Record of Proceedings (cont) AR20140001566
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