IN THE CASE OF:	  

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090011818 


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, in effect, correction of item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his last duty station as the 94th Armored Field Artillery Battalion, 4th Armored Division.

2.  The applicant states, in effect, he would like his WD AGO Form 53-55 to show his last unit of assignment and duty station as the 94th Armored Field Artillery Battalion, 4th Armored Division, in Normandy.  He also states that he is a 93-year old veteran.

3.  The applicant provides a copy of his WD AGO Form 53-55 in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's last unit of assignment and duty station be added to his separation document.

2.  Counsel states that this correction is very important to the applicant as he received many medals for his combat duty in World War II, including the Purple Heart.

3.  Counsel provides no additional documentation in support of the applicant's application.


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.  However, there were sufficient documents submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available military records show the applicant was inducted into the Army of the United States in pay grade E-1 on 6 April 1942.  He served overseas in the European theater of operations from 8 January 1944 to 7 September 1945.  He was honorably discharged from active duty in the rank of technician fifth grade on 24 September 1945 for the convenience of the government - demobilization.

4.  Item 6 of the applicant's WD AGO Form 53-55 shows the entry "SV BTRY 499 FA" [Service Battery, 499th Field Artillery].

5.  War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), in effect at the time, specified that item 6 would contain the unit or similar element to which the individual was assigned, rather than the element of which he was a part while moving to a disposition center, reception station, or separation center.

DISCUSSION AND CONCLUSIONS:

There is an insufficient basis on which to correct item 6 of the applicant’s    WD AGO Form 53-55.  Unfortunately, neither the applicant nor counsel provided evidence to show he was serving with the 94th Armored Field Artillery Battalion, 4th Armored Division, during his period of military service or at the time of his discharge.
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.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090011818



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ABCMR Record of Proceedings (cont)                                         AR20090011818



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