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Decision Text

ARMY | BCMR | CY2002 | 2002083043C070215
Original file (2002083043C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 14 AUGUST 2003
         DOCKET NUMBER: AR2002083043


         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. Gale J. Thomas Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. James e. Anderholm Member
Ms. Linda M. Barker 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 unit of assignment be corrected on his discharge records.

3. The applicant states, in effect, that the unit shown on his separation document, Battery B, 462nd AAA Battalion, is incorrect and he in fact served in the 443rd AW Battalion during his World War II service. He claims that his overseas combat service in the European Theater of Operations (ETO) was performed with this unit. He claims that he was only assigned to the unit listed in his separation document for separation processing. In support of his application, he submits a copy of his War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation), his honorable discharge certificate, affidavits from two individuals who served with him, and a copy of a photograph of his unit taken in Kempten, Germany in June 1945.

4. The applicant’s military records were 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 in that fire.

5. The available evidence does include a WD AGO Form 53-55, which confirms that the applicant was inducted into the Army of the United States on 20 October 1942 and served on active duty until 10 October 1945, at which time he was honorably discharged in the rank of private first class (PFC).

6. The separation document issued to the applicant upon his discharge indicates in block 6 (Organization) that his unit at the time of his separation was Battery B, 462nd AAA Battalion.

7. The WD AGO Form 53-55 also shows that he arrived in the ETO on
9 September 1944 and served there until his return to the United States for separation on 5 October 1945.

8. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55. It also notes that assignments 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 finds the independent evidence provided by the applicant is sufficient to support his claim that he served in the 443rd AAA AW Battalion during his World War II service in the ETO and that Battery B, 462nd AAA Battalion was likely a transitional unit based on the short period of time between his departure from the ETO and his separation from active duty.

2. In view of the foregoing, and in the interest of justice, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to showing, in block 6 (Organization) of the WD AGO 53-55 of the individual concerned, that his unit of assignment was the 443rd AAA AW Battalion.

BOARD VOTE:

__RVO __ __JEA __ __LMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2002083043
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030814
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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