RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050002048


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of item 6 (Organization)
of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show
the entry "8th Air Force (AF)" instead of the entry "2003rd Ordnance
Maintenance Company" as his last unit of assignment.

2.  The applicant states that he served with the 8th AF while serving in
the
European Theater of Operations (ETO) during World War II.  He also states
that item 36 (Service Outside Continental U. S. and Return/Date of
Departure/ Destination/Date of Arrival), of his WD AGO Form 53-55, list his
departure date as 7 October 1943 and his return date as 9 December 1945.
This entry shows his total foreign service as approximately 26 months.  He
goes on to state that item 23 (Remarks) of his WD AGO Form 100 (Separation
Qualification Record) shows the entry "Served 26 months in the ETO with the
8th AF (Air Force)."  He returned to the Zone Interior (ZI) and was
temporarily attached to the 2003rd Ordnance Maintenance Company in order to
get a ride home on the Queen Mary.  Except for temporary duty (TDY) at
other air bases, he was assigned to the Royal Air Force (RAF) Burtonwood,
Burtonwood Army Depot (BAD) #1, a unit of the US Army 8th AF.

3.  The applicant provides a copy of his WD AGO Form 53-55, a copy of his
WD AGO Form 100, and a short personal letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 December 1945, the date of his discharge.  The application
submitted in this case is dated 19 January 2005, but was not received for
processing until 9 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.




3.  The applicant’s military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and show that he was inducted on 4 March
1943 and entered active duty (AD) on 13 March 1943.  He was assigned to the
2003rd Ordnance Maintenance Company.  He served in the ETO from 7 October
1943 to 14 December 1945.   He was honorably separated on 20 December 1945.

4.  The applicant’s WD AGO Form 53-55, which was authenticated in his
own hand, shows "2003rd Ordnance Maintenance Company" as his last unit of
assignment.  The applicant’s Honorable Discharge Certificate, dated
28 October 1945, shows "2003rd Ordnance Maintenance Company " as his unit.

5.  Item 36 of his WD AGO Form 53-55, shows the entry "7 Oct 43 (Date of
Departure) to the ETO and 9 Dec 1945 (Date of Departure) to US, (Date of
Arrival) in the ETO 18 Oct 43, and (Date of Arrival) in the US, 14 Dec 45.

6.  Item 23 of his WD AGO Form 100, shows the entry "Served 26 months in
European Theater of Operations with the 8th AF."

7.  Technical Manual 12-235, in effect at the time of the applicant's
separation, which provided policy and guidance in the preparation of
separation forms and documents, states that, in Item 6, "Enter the last
unit, or similar elements to which he was assigned, rather than the element
of which he was a part while moving to a separation activity.  Assignments
to units for purpose of transfer from a theater to the United States are
considered part of the movement to a separation activity."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in the ETO from
7 October 1943 to 14 December 1945, approximately 26 months, and that his
last unit of assignment prior to his discharge was the 2003rd Ordnance
Maintenance Company.

2.  The available documentation, his WG AGO Form 100, item 23, indicates
that he served with the 8th Air Force in the ETO.  However, there is no
evidence in the available records, and the applicant has provided none, to
show that he was assigned to the RAF Burtonwood, BAD #1, a unit he alleges
was part of the 8th AF.  Therefore, there is an insufficient basis upon
which to correct item 6 of his WD AGO Form 53-55, to show that he was
assigned to this unit, the 8th AF, at the time of his discharge.  Item 6,
of the applicant's WD AGO Form 53-33 is deemed to be correct as currently
constituted.
3.  Based on regulations in effect at the time, a service member’s unit of
assignment at the time of his separation from the service was entered in
item 6 (Organization) of the WD AGO Form 53-55.  The unit shown in item 6
was not necessarily the same unit with which the applicant served during
World War II.  If the service member was transferred to a unit at a
separation center for the purpose of discharge processing, then the unit
shown in item 6 was the unit
from which the soldier was separated.  This is an important entry because
it assists in locating a soldier’s military records.

4.  In order to justify correction of a military record, the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy the above requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 December 1945, the date of his
discharge.  However, the ABCMR was not established until 2 January 1947.
As a result, the time for the applicant to file a request for correction of
any error or injustice expired on 1 January 1950.  The applicant did not
file within the ABCMR's 3-year statute of limitations.  However, since
award of the Purple Heart is not governed by a statute of limitations, it
is appropriate to waive failure to timely file in this case.

BOARD VOTE:

________ ________ _________ GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SK___  ___JTM___  ___RLD   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.



2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ___   Stanley Kelley________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002048                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451220                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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