ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 November 2018

	DOCKET NUMBER:  AR20160019543


APPLICANT REQUESTS: correction of his WD AGO 53- 55 (Enlisted Record and 
Report of Separation Honorable Discharge) to show the following:

*	item 6 (Organization), H Company, 185th Infantry, 40th Infantry Division
*	Item 30 (Military Occupational Specialty (MOS) and No.), Heavy Machine Gunner 
- 605

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 398 (Statement of Personal History)
*	DD Form 256 (Honorable Discharge Certificate), dated 20 July 1949
*	Constituent Service Request Form 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2. The applicant states, in effect, his discharge document(s) for his period of service 
ending 20 July 1949 do not accurately list his unit of assignment.  He served in Leyte, 
Philippines with H Company, 185th Infantry, 40th Infantry Division as a machine gunner.
  
a.	When the war [World War II] was over he did not have enough points to return 
with the division and was then temporarily assigned to an engineer unit until a space 
became available for him to return home. 

b.	 He believes his designation [Career Management Field] should be Infantry 
instead of Engineer.

3.  The applicant's record shows he was inducted into the Army of the United States on 
30 August 1944 and honorably discharged from active duty on 22 October 1946.  His 
WD AGO 53-55 shows:

*	item 2 (Army Serial No.) entry ""
*	item 4 (ARM or Service) shows "CE" [Corps of Engineers]
*	item 6 (Organization) list his unit as 742nd Engineer Base Equipment Company
*	item 30 (Military Occupational Specialty and No.) list his MOS as "CRANE 
OPERATOR 063"
*	item 33 (Decorations and Citations) shows he was awarded the Philippine 
Liberation Service Medal
*	item 37 (Total Length of Service) shows his period of Continental Service as 11 
months, and 18 days and his Foreign Service as 1 year, 2 months, and 10 days
*	item 40 (Reason and Authority for Separation) shows Convenience of 
Government RR 1 – 1 Demobilization Army Regulation 615 – 365 [Army forces 
reduction after the war]

4.  The applicant's records show he was assigned to H Company, 40th Infantry Division 
from 30 August 1944 through 22 August 1946; a 26 months period of service.  His 
Statement of Personal History does not list employment which was comparable to MOS 
605.

5.  The applicant's record is void of a WD AGO Form 20 (Soldier Qualification Record), 
DA Form 20 (Enlisted Qualification Record) and orders which list his MOS as 605 
(Heavy Machine Gunner).  His DA Form 2-1 (Personnel Qualification Record) is void of 
a MOS or duty MOS which shows MOS 605.

6.  The applicant provides his DD Form 256, dated 20 July 1949, signed by an officer of 
the Organized Reserve Corps which shows evidence of his service as Sgt (Sergeant), 
CE (Combat Engineer) – Res (Reserves), and that he enlisted 27 October 1946.

7.  Army Regulation 600-200 (Enlisted Personnel Management System), states, in 
effect, a MOS, including skill level character, which identifies the capability of an 
individual to perform duties required of MOS at current or higher grade and made a 
matter of record by classification authority by entry on DA Forms 20 and 2-1 (Personnel 
Qualification Record).   

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

2.  While the Board saw in the records that the applicant was assigned to H Company, 
40th Infantry Division from 30 August 1944 through 22 August 1946, there is no 
evidence in the records or that provided by the applicant to show that his unit at the time 
of discharge was not the 742nd Engineer Base Equipment Company.  By regulation, the 
discharge document WD AGO 53-55 shows organization to which the Soldier was 
assigned at separation, not prior units.  No evidence was found to support the 
applicant’s contention that he had been awarded the military occupational skill of Heavy 
Machine Gunner – 605.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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.

	  
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.


?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 615 – 363 (Enlisted Men Release from Active Duty and Discharge 
from Reserve Components), in effect at the time, provides when it is desirable to return 
an enlisted man to civil life without relinquishing control over such enlisted man, either 
for an indefinite period of time or for a limited period of time, such enlisted man will be 
released from active service and transferred to a Reserve component.

a.	Enlisted men transferred to the Enlisted Reserve Corps, unassigned, or to the Air 
Corps Enlisted Reserve, or who revert to National Guard status, to accept employment 
in essential war industry, or to accept other civilian employment pursuant to specific 
instructions from the War Department, will be reported by the commanding officer 
accomplishing the release to the State Director of Selective Service of the State in 
which they are to be employed.

b.	When on inactive status enlisted members of Reserve components may be 
discharged by order of the President or Secretary of War.

3.  Army Regulation 615 – 365 (Enlisted Men Discharge Convenience of the 
Government), dated 15 December 1944, states:

     a. Except as provided in these regulations enlisted men will be discharged for the 
convenience of the Government by authority of the Secretary of War only. Such 
authority may be given either in each individual case or by an order applicable to all 
cases of a class specified in the order.

b.	 All discharge certificates executed "for the convenience of the Government" will 
in addition to that phrase, contain a short statement indicating the specific cause tor the 
discharge.

4.  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.

5.  War Department Technical Manual (TM) 12 – 236, in effect at the time, provides the 
purpose of this manual is to describe in detail, step by step, the proper method of 
executing the series of eight-part Separation Forms for officer and enlisted personnel, 
which are a combination of the various Certificates of Discharge and Service with the 
Report of Separation WD AGO Form 53 states:

     a.  Item 4 (ARM or Service) enter arm or service in which detailed at time of 
separation. 

     b.  Item 6 enter the last tactical or administrative and tactical unit, or similar element 
to which he was assigned, rather than the element of which he was a part while moving 
to a disposition center reception station, or separation center.  Assignments to units for 
purpose of transfer from a theater to the United States are considered part of the 
movement to a. separation center.  For individuals who have had overseas service 
since 16 September 1940, either the overseas unit with which he served the longest, or 
that with which he earned the greatest number of Adjusted Service Rating combat 
points, may be entered at the option of the individual concerned.  

c.	Item 7 (Date of Separation) enter date separated from the service.

6.  War Department Technical Manual (TM) 12-427 (Military Occupational Classification 
of Enlisted Personnel), in effect at the time, provides a means of classifying enlisted 
military occupational specialists (MOS).  This TM provides:

a.	An MOS will be assigned enlisted personnel only as follows:

      (1)  Through the successful completion of a course of training at a training center 
or service school, if it has been determined by proper authority that die course qualifies 
a graduate in a specialty.  Whenever it is determined that a training course qualifies an 
individual for a military occupational specialty The Adjutant General (Classification and
Replacement Branch) will be furnished information as to the nature of the course and 
the MOS code designated.

      (2)  Through demonstrated ability to perform satisfactorily duties and 
responsibilities of an MOS in a unit or installation. Normally, a period of not
less than 30 days shall be considered a minimum requirement.

      (3)  Through civilian experience, when of such nature as to be a practical 
counterpart of an MOS and when proficiency has been demonstrated to the satisfaction 
of his commanding officer.
      
b.	The MOS and Social Security Number (SSN) of the soldier will be recorded
under the item "Classification in Military Specialties," on the Soldier's Qualification Card, 
WD AGO Form No. 20. The item, "Record of Current Service," in the column marked 
"Principal Duty" will always show the authorized duty title and SSN which represents the 
current duty assignment of the soldier.  Entries in the "Principal Duty" column are 
subject to change as the soldier is given different duty assignments which fall within the 
area of skills represented by his MOS.

ABCMR Record of Proceedings (cont)	 AR20160019543
	
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