IN THE CASE OF:  	  

		BOARD DATE:  4 June 2015	  

		DOCKET NUMBER:  AR20140017383 


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 his military service record to show his correct military occupational specialty (MOS).

2.  The applicant states that he was a mine sweeper and member of the Mine Platoon, Anti-Tank Company, 271st Infantry Regiment, 69th Infantry Division in the European Theater of Operations (ETO) during World War II.  He states that his WD AGO Form 53-55 (Enlisted Record and Report of Separation –
Honorable Discharge) incorrectly shows his MOS as "Truck Driver Light."

3.  The applicant provides copies of his WD AGO Form 53-55, the cover page of "Story of…Anti-Tank Company, 271st Infantry," three pages of photographs, and a VA Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD)).

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 service 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 the applicant's records were lost or destroyed in that fire.  However, the WD AGO Form 53-55 that the applicant provides offers sufficient evidence for the Board to conduct a review of this case.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Reserve Component on 15 May 1943, entered active duty on 10 January 1944, and was honorably discharged on 21 May 1946.  He completed 10 months and 10 days of continental service; 1 year, 6 months, and 1 day of foreign service; and he was credited with 3 years and 7 days of total service.  It also shows in:

* item 3 (Grade):  Private First Class (PFC)
* item 4 (Arm or Service):  Infantry (INF)
* item 6 (Organization):  271st Infantry Regiment
* item 30 (MOS and Number):  Truck Driver Light
* item 34 (Wounds Received in Action):  None
* item 36 (Service Outside Continental U.S. (CONUS) and Return):

* CONUS – departed 15 November 1944
* ETO –

* arrived 26 November 1944
* departed 5 May 1946

* CONUS – arrived 15 May 1946

* item 38 (Highest Grade Held):  PFC
* item 56 (Signature of Person Being Separated):  the applicant's signature

4.  There is no evidence in the available military service records that shows the applicant was awarded "Mine Sweeper" as his MOS.

5.  In support of his application the applicant provides the following documents.

   a.  The cover page of "Story of…Anti-Tank Company, 271st Infantry" and three pages of photographs (with captions) including five pictures of small groups of Soldiers in uniform standing at various locations; a large group photograph of Soldiers in a garrison environment labeled "1st Squad, Anti-Tank Company, 271st Infantry," along with an accompanying document in which the applicant identifies the Soldiers; and a picture of military decorations and memorabilia.

   b.  A Statement in Support of Claim for Service Connection for PTSD in which the applicant describes several instances during the period 27 February 1945 to 23 April 1945 when he and members of his platoon performed duties of detecting and clearing mines while under heavy fire.  He includes incidents when members of his platoon were killed and/or wounded during missions and also an occasion when he injured his left knee after being shot at and knocked off the motorcycle he was riding.

6.  War Department Technical Manual 12-235 (Enlisted Personnel – Discharge and Release from Active Duty), dated January 1945, provides uniform procedures for discharging or releasing personnel from active duty.  The instructions for completing the WD AGO Form 53-55 state that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.

7.  Army Regulation 15-185 (ABCMR) 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 contends that the MOS recorded on his WD AGO Form 53-55 should be corrected because he performed the duties of a mine sweeper.

2.  The applicant's available military service records show he served in the ETO with the 271st Infantry Regiment and he performed duties as a Light Truck Driver.

3.  The sincerity of the applicant's comments regarding his military duties is not in dispute.  In fact, the detection and disabling of mines is a basic skill required of all Soldiers.  As such, it is reasonable to conclude the applicant performed those duties, along with many other duties required of a Soldier.

4.  The evidence of record shows that the applicant's separation document was completed based on information in the Soldier's Service Record, Soldier's Qualification Card, and information ascertained by interview with the applicant.  The evidence of record also shows the applicant placed his signature on his Enlisted Record and Report of Separation – Honorable Discharge, which indicates he reviewed the information recorded on the document.

5.  The regulations governing the Board's operation require the administrative separation process be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption.  The applicant has not provided such evidence.  Therefore, in the absence of evidence to the contrary, the administrative separation process is presumed to have been administratively correct.

6.  Therefore, there is insufficient evidence to support correction of the applicant's separation document with respect to his MOS.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during World War II are deeply appreciated.  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)                                         AR20140017383



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ABCMR Record of Proceedings (cont)                                         AR20140017383



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