IN THE CASE OF:	  

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080013140 


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 that his record be corrected to show that he served with the 1269th Combat Battalion in the European Theater of Operations and that he served in France and Germany.

2.  The applicant states, in effect, that he served with the 1269th Combat Battalion in the European Theater of Operations during World War II.  He served in France and Germany.  He never served with the 84th Engineer Camouflage Company who served in Sicily.  He was shipped home with the 84th Engineer Camouflage Company.

3.  The applicant provides a copy of his WD AGO Form 0150-3 (Certificate in Lieu of Lost or Destroyed Honorable Discharge).

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 the applicant’s records were lost or destroyed in that fire.  A decision is being made based on his WD AGO 0150-3 and his WD AGO Form 53-55 (Enlisted Record and Report of Separation). 

3.  The applicant's WD AGO Form 53-55 shows that he served in the Army of the United States from 30 September 1943 through 28 January 1946.  He served in the European Theater of Operations from 6 November 1944 – 23 August 1945.  He participated in the Rhineland and Central Europe Campaigns.  

4.  The applicant's WD AGO 53-55 shows that he served with the 84th Engineer Camouflage Company.  His WD AGO Form 0150-3 also shows that he served with the 84th Engineer Camouflage Company.  He has not provided any corroborating evidence that he served with the 1269th Combat Battalion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military records are not available to the Board for review.  It is believed that the applicant’s records were lost or destroyed in the 1973 fire at the National Personnel Records Center. 

2.  The only available evidence shows that the applicant served with the 84th Engineer Camouflage Company in Rhineland and Central Europe.  The applicant's contentions were carefully considered; however, in the absence of any evidence to the contrary, administrative regularity is presumed in the applicant's case.

3.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement at this time.







BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



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      _______ _   _______   ___
               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)                                         AR20080013140



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ABCMR Record of Proceedings (cont)                                         AR20080013140



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