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Decision Text

ARMY | BCMR | CY2001 | 2001061635C070421
Original file (2001061635C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001061635


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Mr. Thomas A. Pagan Member
Mr. Melvin H. Meyer Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his Report of Separation, WD AGO Form 53-55, be amended to show his organization as Company B, 30th Signal Heavy Construction Battalion.

3. The applicant states that the error on his WD AGO 53-55 was discovered at his 30th Signal Construction Battalion reunion. He provides two documents as supporting evidence. One is an undated roster and appears to be an outgoing (continental United States to overseas) sailing list showing the applicant was assigned to Company B, 30th Signal Construction Battalion. The other is Special Orders 253, Headquarters, Peninsular Base Section dated 10 September 1945 showing he was reassigned from the 30th Signal Heavy Construction Battalion to the 549th Signal Heavy Construction Battalion for return to the continental United States.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant enlisted and entered active duty on 12 February 1942. He departed for the North Atlantic Theater of Operations on 5 May 1943 and arrived on 12 May 1943. He departed for the European Theater of Operations on 27 September 1943 and arrived on 30 September 1943. In September 1945, he was reassigned from the 30th Signal Heavy Construction Battalion to the 549th Signal Heavy Construction Battalion for the purpose of a permanent change of station. He departed the Theater on 26 September 1945 and arrived in the United States on 12 October 1945. He separated on 19 October 1945. His WD AGO Form 53-55, item 6 shows his organization as the 549th Signal Headquarters Construction Company (sic).

6. Technical Manual 12-235, which prescribed the policy and procedures for the preparation and distribution of separation documents during the period in question, stated that the last unit, or similar element to which the individual was assigned, rather than the element of which he was a part while moving to a separation activity, would be entered in item 6 (organization) of the WD AGO Form 53-55. It also noted that assignments to units for the purpose of transfer from a theater to the United States was considered part of the movement to a separation activity.

CONCLUSIONS:

1. The applicant provided sufficient evidence to conclude that he was assigned to Company B, 30th Signal Heavy Construction Battalion while in Europe and that the 549th Signal Heavy (not “Headquarters”) Construction Battalion (not “Company”) was only the unit to which he was assigned while moving to a separation activity.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant’s WD AGO Form 53-55, item 6 be amended to show his organization as Company B, 30th Signal Heavy Construction Battalion.

BOARD VOTE:

__gdp___ __tap___ __mhm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           George D. Paxson
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001061635
SUFFIX
RECON
DATE BOARDED 20020221
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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