IN THE CASE OF:	

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090016973 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his unit of assignment as the 23rd Headquarters and Headquarters Company, Special Troops.

2.  The applicant states that he was proud of his unit's accomplishments and wants his record correct for the sake of his family.

3.  The applicant provides copies of his WD AGO Form 53-55 and letters written while assigned to the 23rd Headquarters and Headquarters Company, Special Troops.

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 are sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows:

	a.  he entered active duty on 12 May 1943;

	b.  he was assigned to the European theater of operations from 15 May 1944 to 23 June 1945;

	c.  he participated in the Ardennes-Alsace, Central Europe, Normandy, Northern France and the Rhineland Campaigns;

	d.  he was assigned to the 35th Headquarters and Headquarters Company, Special Troops; and

	e.  he was separated from active duty on 29 October 1945.

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaigns for units during World War II.  This publication shows:

	a.  23rd Headquarters and Headquarters Company, Special Troops, participated in the following five campaigns:  the Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland; and

	b.  35th Headquarters and Headquarters Company, Special Troops, is not listed as a unit that participated in any campaigns during World War II.

5.  The applicant's Honorable Discharge Certificate shows his unit as 35th Headquarters & Headquarters Detachment Special Troops 1st Army.

6.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the procedures for preparation of separation certificates and the enlisted record and report of separation.  The entry in item 6 (Organization) was 


to show the individual's last unit of assignment, but not the element of which he was a part while moving to a separation point.  Assignments to units for the purpose of transfer from the theater to the United States were considered part of the separation movement and were not to be shown in item 6.

7.  The correspondence, dated in 1944, provided by the applicant show his unit as the 23rd Headquarters and Headquarters Company, Special Troops.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his unit of assignment was the 23rd Headquarters and Headquarters Company, Special Troops and that his WD AGO Form 53-55 should be corrected to show this unit.

2.  The evidence clearly shows that the applicant was assigned to the 23rd Headquarters and Headquarters Company, Special Troops, in 1944.  Furthermore, the 35th Headquarters and Headquarters Company, Special Troops, is not credited with service in the European theater of operations.

3.  In view of the above, the applicant's WD AGO Form 53-55 should be corrected to show his unit as the 23rd Headquarters and Headquarters Company, Special Troops.

BOARD VOTE:

___X_____  ___X____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 


showing the 23rd Headquarters and Headquarters Company, Special Troops, in item 6 of his WD AGO Form 53-55 and issuing him a new Honorable Discharge Certificate showing this unit.



      ____________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)                                         AR20090016973



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ABCMR Record of Proceedings (cont)                                         AR20090016973



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