PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001065831


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. George Paxson		Chairperson
Ms. Deborah Jacobs		Member
Mr. Ronald E. Blakely		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his organization as Company B,
291st Combat Engineer Battalion instead of Battery A, 763rd Field Artillery Battalion.

3. The applicant states that he served in Company B of the 291st Combat Engineer Battalion for his entire tour of duty. In support of his application, he submits a copy of his WD AGO Form 53-55; and two eyewitness statements, dated 23 May 2001 and 15 May 2001, from members of the 291st Combat Engineer Battalion at the time in question.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
15 January 1943. He served as a light truck driver in the European Theater of Operations from 18 October 1943 to 27 October 1945 and was honorably discharged on 22 November 1945.

5. The applicant’s WD AGO Form 53-55 shows in item 6 (Organization) that he was assigned to Battery A, 763rd Field Artillery Battalion at the time of his separation.

6. There is no evidence in the available records which shows the applicant was assigned to Company B of the 291st Combat Engineer Battalion during World War II.

7. The applicant’s WD AGO Form 53-55 shows that he participated in five campaigns during World War II (Normandy, Northern France, Ardennes, Rhineland and Central Europe).

8. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, campaign credit during World War II. This document shows the 763rd Field Artillery Battalion did not receive any campaign credit during World War II.

9. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the 291st Combat Engineer Battalion received campaign credit for the Normandy Campaign
(6 June 1944-24 July 1944), the Northern France Campaign (25 July 1944-
14 September 1944), the Ardennes-Alsace Campaign (16 December 1944-
25 January 1945) the Rhineland Campaign (15 September 1944-21 March 1945), the Central Europe Campaign (22 March 1945-11 May 1945). This register does not specify company designations.

10. The applicant’s WD AGO Form 53-55 shows the Distinguished Unit Citation as an authorized award.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II. This document shows the 763rd Field Artillery Battalion did not receive the Distinguished Unit Citation during World War II.

12. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the 291st Combat Engineer Battalion received the Distinguished Unit Citation. This register does not specify company designations.

13. The applicant provided two eyewitness statements, dated 23 May 2001 and 15 May 2001, from members of the 291st Combat Engineer Battalion at the time in question. They both attest that the applicant was assigned to Company B of the 291st Combat Engineer Battalion throughout his assignment during World War II.

14. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II. This regulation states the last unit, or similar element, to which an individual was assigned, rather than the element of which he was a part while moving to a separation activity, will be entered in item 6 (Organization) of the WD AGO Form 53-55. The regulation also notes that assignment to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he served in Company B of the 291st Combat Engineer Battalion for his entire tour of duty, not Battery A of the 763rd Field Artillery Battalion.

2. The applicant’s discharge document shows his organization as Battery A of the 763rd Field Artillery Battalion. His discharge document also shows that his unit received campaign credit for five campaigns (Normandy, Northern France, Ardennes, Rhineland and Central Europe) and was cited for the Distinguished Unit Citation. However, the Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows



that the 763rd Field Artillery Battalion did not receive any campaign credit during World War II and was not cited for the Distinguished Unit Citation during World War II.

3. The Board noted that the Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the
291st Combat Engineer Battalion received campaign credit for the same five campaigns (Normandy, Northern France, Ardennes, Rhineland and Central Europe) shown on the applicant’s discharge.

4. The Board also noted that the Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows that the
291st Combat Engineer Battalion was cited for the Distinguished Unit Citation during World War II.

5. Based on the foregoing, the Board concluded that the current entry in item
6 (Organization) on the applicant’s WD AGO Form 53-55 listed the unit from which the applicant was separated, not the unit with which the applicant served in the European Theater of Operations during World War II.

6. Based on the foregoing, the Board determined the applicant is entitled to correction of item 6 (Organization) on his WD AGO Form 53-55 to show that he served in 291st Combat Engineer Battalion during World War II.

7. Although the applicant contends that he was assigned to Company B of the 291st Combat Engineer Battalion, the Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register does not specify company designations for unit citations or campaign participation. Therefore, the Board is unable to determine which company of the 291st Combat Engineer Battalion the applicant was assigned to during World War II.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing in item 6 (Organization) on the WD AGO Form 53-55 that the individual concerned served in the 291st Engineer Combat Battalion during World War II.





2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

GP_____ DJ______ REB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __George Paxson_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001065831
SUFFIX
RECON
DATE BOARDED	20020326
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.
3.
4.
5.
6.