PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2002082273


         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:

Ms. Joann Langston		Chairperson
Ms. Jennifer L. Prater		Member
Mr. Paul M. Smith		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.

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2. The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his organization as the 795th Antiaircraft Artillery Battery (correctly known as the 795th Antiaircraft Artillery Automatic Weapons Battalion) instead of Battery B of the 357th Searchlight Battalion. He also requests that his place of birth be corrected to show Roswell, Ohio, instead of Boswell, Ohio.

3. The applicant states that he was never attached to Battery B of the 357th Searchlight Battalion in the service. He contends that he was with the 795th Antiaircraft Artillery Battery attached to the 3rd Army. He also contends that the only time his unit was with the Searchlight Battalion was on the "Victory Ship" coming back with their unit. He further contends that his place of birth was Roswell, Ohio. In support of his application, he submits a copy of his WD AGO Form 53-55; a WD AGO Form 100 (Separation Qualification Record); and documentation pertaining to the 795th Antiaircraft Artillery Automatic Weapons Battalion.

4. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 and the WD AGO Form 100.

5. The applicant's reconstructed records show the applicant was inducted on
21 May 1943. He served as a first sergeant in the European Theater of Operations from 17 April 1944 through 14 December 1945 and was honorably discharged on 2 January 1946.

6. The applicant's WD AGO Form 53-55 shows in item 6 (Organization) that he was assigned to Battery B of the 357th Searchlight Battalion at the time of his separation.

7. Item 11 (Place of Birth) on the applicant's WD AGO Form 53-55 shows the entry, "Boswell Ohio."

8. There is no evidence in the available records which shows the applicant was assigned to 795th Antiaircraft Artillery Automatic Weapons Battalion during World War II.

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

10. 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 357th Antiaircraft Artillery Searchlight Battalion only received campaign credit for the Central Europe Campaign (22 March 1945-11 May 1945) during World War II.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the 795th Antiaircraft Artillery Automatic Weapons 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 Rhineland Campaign
(15 September 1944-21 March 1945), and the Central Europe Campaign
(22 March 1945-11 May 1945).

12. There is no evidence in the available records which shows the applicant was born in Roswell, Ohio.

13. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the 795th Antiaircraft Artillery Automatic Weapons Battalion received occupation credit for Germany for the period from 20 May to 31 October 1945. The Army of Occupation Medal with Germany Clasp is not shown on the applicant's WD AGO Form 53-55.

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 was attached to the 795th Antiaircraft Artillery Automatic Weapons Battalion, not Battery B of the 357th Searchlight Battalion.

2. The applicant’s discharge document shows his organization as Battery B of the 357th Searchlight Battalion. His discharge document also shows that his unit received campaign credit for four campaigns (Normandy, Northern France, Rhineland and Central Europe). However, the Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the 357th Antiaircraft Artillery Searchlight Battalion only received campaign credit for the Central Europe Campaign 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
795th Antiaircraft Artillery Automatic Weapons Battalion received campaign credit for the same four campaigns (Normandy, Northern France, Rhineland and Central Europe) shown on the applicant’s discharge.

4. 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.

5. Therefore, 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 the 795th Antiaircraft Artillery Automatic Weapons Battalion during World War II.

6. The Board considered the applicant's contention that his place of birth is incorrect on his WD AGO Form 53-55. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was born in Roswell, Ohio. Therefore, the Board determined that there is insufficient evidence on which to amend item 11 (Place of Birth) on the applicant's WD AGO Form 53-55.

7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the 795th Antiaircraft Artillery Automatic Weapons Battalion received occupation credit for Germany for the period from 20 May to 31 October 1945. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

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:

         a. by deleting the entry, "Btry B 357th Slt Bn" in item 6 (Organization) on the WD AGO Form 53-55 of the individual concerned;

         b. by adding the entry, "795th Antiaircraft Artillery Automatic Weapons Battalion" in item 6 on his WD AGO Form 53-55; and

         c. by adding the entry, "Army of Occupation Medal with Germany Clasp" in item 33 (Decorations and Citations) on his WD AGO Form 53-55.
2. That so much of the application as pertains to correction of the applicant's place of birth be denied.

BOARD VOTE:

jl_______ jlp______ pms_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Joann Langston_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082273
SUFFIX
RECON
DATE BOARDED	20030603
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	100.0800
3.	107.0060
4.
5.
6.