BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011787 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x____ __x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011787 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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. BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011787 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). 2. The applicant states: * he was never a truck driver and he was not trained by the Army to be a truck driver * his MOS was not 345 (truck driver) * he was trained in an artillery unit at Fort Bragg, NC * he stayed in the artillery branch for his entire service 3. The applicant provides: * WD AGO Form 53 * photograph of his field artillery training unit at Fort Bragg, NC 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 complete 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His records contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) showing: * he was inducted into the Army of the United States on 16 January 1946 * his branch of service as field artillery * his MOS as 521 (basic) * he was honorably discharged on 19 February 1946 to enlist in the Regular Army (RA) 4. His WD AGO Form 53 shows: * he enlisted in the RA on 21 February 1946 * his branch of service as Corps of Engineers * he served in Alaska from 12 September 1946 to 18 April 1947 * his MOS as 345 * he was honorably discharged on 20 August 1947 5. There is no evidence showing he served in any MOS other than 345 during the period 21 February 1946 to 20 August 1947. 6. He provided a photograph of Soldiers assigned to the 2nd Platoon, Battery C, 11th Battalion, 4th Training Regiment, Field Artillery, Replacement Training Center, at Fort Bragg, NC, on 6 April 1946. REFERENCES: 1. Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, stated to enter the MOS and number in item 30 of the WD AGO Form 53. 2. 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 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: 1. Although the applicant contends he was never a truck driver, the available evidence shows he served in MOS 345 during his enlistment in the RA. 2. Although he was assigned to a field artillery training regiment, the available evidence does not show he was awarded or held a field artillery MOS. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011787 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011787 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2