RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2008 DOCKET NUMBER: AR20070018799 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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 correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his military occupational specialty as a "glider troop" instead of "supply clerk." 2. The applicant states that he was never a supply clerk. He took five flights to become qualified as a glider troop. 3. The applicant provides a copy of his WD AGO Form 53-55. 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 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 his records were lost or destroyed in that fire. However, the applicant's WD AGO Form 53-55 is sufficient documentation for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 shows that he entered the Army of the United States on 7 May 1943 and served in four campaigns in the European Theater of Operations. 4. Item 30 (MOS) of the applicant's WD AGO Form 53-55 shows the applicant's MOS as supply clerk. 5. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 includes award of the Glider Badge, Combat Infantryman Badge, and a Purple Heart. 6. On 17 November 1945, the applicant was separated from active duty. His characterization of service was honorable. He had attained the rank of private first class and had completed 2 years, 6 months, and 11 days of creditable active service. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Glider Badge was awarded prior to 3 May 1961, for satisfactory completion of prescribed proficiency tests, or by participation in at least one combat glider landing into enemy-held territory. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows that the applicant was awarded the Glider Badge indicating that he was either trained to be a glider troop or had completed at least one combat glider landing into enemy-held territory. Furthermore, his awards of the Combat Infantryman Badge and Purple Heart strongly indicate that he served in direct combat while in the European Theater of Operations. 2. However, the evidence is insufficient to show that at the time of his discharge he held a glider troop MOS or any MOS other than that of a supply clerk. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 4. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _ TSK __ ___JLP__ __DWT__ 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. _______TSK__________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018799 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508