RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 October 2005
	DOCKET NUMBER:  AR20050000822 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mr. David S. Griffin

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Conrad V. Meyer

Member

Ms. Linda M. Baker

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, the following corrections to his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 22 January 1953:

	a.  Item 5 (Qualifications) Specialty Number or Symbol (also referred to as military occupational specialty (MOS)) be changed to show 4745 (light weapons infantryman) instead of 1745 (light weapons infantry leader); and

	b.  Item 15 (Inducted) be changed to read 12 APR 51 instead of 12 APR 53.

2.  The applicant states, in effect, that his specialty number or symbol should read 4745 (infantry) and that the induction date on his DD Form 214 is after his date of release from active duty.  

3.  The applicant provides a copy of:

	a.  his DD Form 214;

	b.  Headquarters, 5th Infantry Division & Indiantown Gap Military Reservation, Indiantown Gap, Pennsylvania Special Orders Number 200, dated 24 October 1951 that transferred the applicant to Ft Lawton Personnel Center, Seattle, Washington to report on or before 9 November 1951;

	c.  Headquarters, Replacement Battalion, 8069th Special Orders Number 340, dated 22 December 1951 that assigned the applicant to the 7th Replacement Company (Pipeline), 7th Infantry Division.  These orders show the applicant's MOS as 4745; and

	d.  Headquarters, Camp Atterbury, Camp Atterbury, Indiana Special Orders Number 16, dated 21 January 1953 that released the applicant from active duty not by reason of disability effective 22 January 1953.  These orders show the applicant's MOS as 1745.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 22 January 1953, the date he was released from active duty.  The application submitted in this case is dated 6 January 2005.


2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  However, there were sufficient documents remaining in a reconstructed record and records provided by the applicant for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s DD Form 214.   

4.  The available records show that the applicant entered active service 
on 12 April 1951.  

5.  The Headquarters Company, 31st Infantry, FECOM, 7th Infantry Division Morning Report, dated 11 January 1952, showed the applicant was assigned to 
L Company, 31st Infantry effective 7 January 1952.  The Morning Report showed the applicant's MOS as 4745.

6.  On 22 January 1953, the applicant was released from active duty.  He had served 1 year, 9 months, and 11 days of active service that was characterized as honorable.

7.  Item 5 of the applicant's DD Form 214 contains the entry 1745.

8.  Item 15 of the applicant's DD Form 214 contains the entry 12 APR 53.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) 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 specialty number and the date of induction entered on his DD Form 214 are incorrect.


2.  Although most of the applicant's available military records may have been destroyed in 1973 it would be logical to assume that as the applicant gained additional skills and experience his MOS would have been changed from light weapons infantryman to light weapons infantry leader.  Therefore, based on the presumption of administrative regularity and in the absence of evidence to the contrary, it is determined that the MOS entered in Item 5 is correct.  

3.  The date entered in Item 15 of the applicant's DD Form 214 is clearly an error because it is after the period of service covered by the DD Form 214.  It is reasonable to presume that the applicant's date of induction and his date of entry into active service were the same.  Therefore, Item 15 should be amended to show 12 APR 51.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___cvm__  ____jev__  ___lmb__  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 15 of the applicant's DD Form 214 to read 12 APR 51 instead of 12 APR 53.  

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 changing the applicant's specialty number.  




_________James E. Vick_____________
          CHAIRPERSON




INDEX

CASE ID
AR20050000822
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051026
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.