IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140010749 


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 records to show his correct date of birth (DOB), military training, military occupational specialty (MOS), and duty assignment.

2.  The applicant states that he received copies of his records from the National Personnel Records Center (NPRC) that show erroneous entries and information.

   a.  He states that he was born in 1924, not 1928.  He also states that he completed infantry training at Camp Howze, Texas in January 1945 and was sent to the European Theater of Operations (ETO).  Upon arriving in the ETO, he agreed to fill in as tank gunner in the 756th Tank Battalion with the 3rd Infantry Division.  He continued to serve in that position until the end of the war.

   b.  He requests all of the erroneous information be removed from his military service records.  Specifically, the entries that show he:

* received medical basic training
* served as a light truck driver
* transported troops
* made minor road repairs

3.  The applicant provides no documentary evidence in support of his application.


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 NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient available documents in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military service records contain a War Department (WD) AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), and 
WD Form 372B (Final Payment – Work Sheet).

4.  His WD AGO Form 100 shows he entered into active service on 11 November 1943 and was discharged on 6 May 1946.  It also shows in:

* item 8 (DOB):  1 December 1928
* Military Occupational Assignments:

   item 10 (Months)			item 12 (MOS)

   4						Medical Basic Training (521)
   9						Medical Aidman (657)
      16						Truck Driver, Light (345)

* Summary of Military Occupations, item 13 (Title – Description – Related Civilian Occupation):  "Truck Driver, Light -- Served with 756th Tank Battalion for 13 months in ETO.  Drove a light truck to transport personnel and equipment.  Serviced, cleaned, and lubricated vehicle.  Did day and night driving and made minor road repairs."
* item 24 (Signature of Person Being Separated):  is blank (no entry)
5.  His WD AGO Form 53-55 shows he was inducted on 21 October 1943, entered into active service on 11 November 1943, and honorably discharged on 6 May 1946.  He completed 1 year, 4 months, and 23 days of continental service; 1 year, 1 month, and 2 days of foreign service; and he was credited with 2 years, 6 months, and 16 days of total service.  It also shows in:

* item 3 (Grade):  Private First Class (PFC)
* item 4 (Arm or Service):  Field Artillery (FA)
* item 6 (Organization):  756th Tank Battalion
* item 10 (DOB):  1 December 1924
* item 30 (MOS and Number):  Truck Driver Light (345)
* item 36 (Service Outside Continental U.S. (CONUS) and Return):

* CONUS – departed 23 March 1945
* ETO –

* arrived 4 April 1945
* departed 16 April 1946

* CONUS – arrived 24 April 1946

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

6.  There is no evidence in the available military service records that shows the applicant completed infantry training, was awarded a tank gunner MOS, or performed duties as a tank gunner.

7.  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 and WD AGO Form 100 state that the forms are completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.

8.  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 his records should be corrected to show his correct DOB, military training, MOS, and duty assignment (and tasks).

2.  The DOB that was initially recorded in the applicant's military service records cannot be determined from the available military service records.  The applicant asserts that he was born on 1 December 1924 (not 1 December 1928).

   a.  He was inducted into military service on 21 October 1943.  Thus, his assertion supports a year of birth of 1924 (vice 1928) because he would have been 18 years of age (vice 14 years of age) at the time of his induction.

   b.  At the time of his discharge, his DOB was recorded on his Enlisted Record and Report of Separation as 1 December 1924, while the DOB recorded on his Separation Qualification Record was recorded as 1 December 1928.

   c.  Thus, it is concluded that the WD AGO Form 53-55 contains his correct DOB while the WD AGO Form 100 does not.  However, the WD AGO Form 100 is an obsolete form and, as such, a corrected copy cannot be issued.  Therefore, the applicant's WD AGO Form 53-55 and this ABCMR Record of Proceedings will serve as the Army's official documentation to substantiate the applicant's correct DOB.

3.  The applicant's available military service records show he completed medical basic training and that he served 9 months as a medical aidman in MOS 657.  His records also show he then served 16 months as a Light Truck Driver 
(MOS 345) and was assigned to the 756th Tank Battalion in the ETO.

   a.  The applicant's available military service records are at odds with respect to the applicant's contentions regarding his military training (medical aidman versus infantry), MOS (MOS 657 and MOS 345 versus the MOS for tank gunner), and duty assignment (truck driver versus tank gunner).  However, there is no evidence of record and the applicant provides insufficient evidence to support a change to his records with respect to his military training, MOS, and duty assignment (and tasks).
   
   b.  The evidence of record shows that separation documents were completed based on information in the Soldier's Service Record, Soldier's Qualification Card, and information ascertained by interview with the applicant.

   c.  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.

4.  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.

5.  Therefore, there is insufficient evidence to support correction of the applicant's separation documents with respect to his military training, MOS, and duty assignment.

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 filing this ABCMR Record of Proceedings in his military service record to substantiate his date of birth is 1 December 1924, as shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

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 military training, military occupational specialties, and duty assignments and tasks.



3.  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)                                         AR20140010749



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ABCMR Record of Proceedings (cont)                                         AR20140010749



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