RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2005
DOCKET NUMBER: AR20050003903
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. James Anderholm | |Chairperson |
| |Mr. Jose Martinez | |Member |
| |Ms. LaVerne Douglas | |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, as the widow of a deceased former service member (FSM),
requests that item 6 (Organization) on her late husband's WD AGO Form 53-55
(Enlisted Record and Report of Separation) be corrected to show Company C,
304th Engineer Battalion instead of Company C, 30th Engineer Combat
Battalion.
2. The applicant states it is a typing error in item 6 on the FSM's
discharge document. She contends that the FSM was exposed to full body
mustard gas and because of the organization mistake on his discharge
document the Department of Veterans Affairs (DVA) denied his claim. She
also stated that the FSM died due to complications from the mustard gas.
3. The applicant provides a marriage license; the FSM's WD AGO Form 53-55;
his WD AGO Form 100 (Separation Qualification Record); a medical record,
dated 28 August 1944; a letter, dated 8 September 1993, from the FSM; a
letter, dated 16 October 1993, from the DVA; and a DVA Statement in Support
of Claim, dated 27 October 1993.
CONSIDERATION OF EVIDENCE:
1. The FSM’s military records are 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 FSM’s
records were lost or destroyed in that fire. However, there were
sufficient documents remaining in a reconstructed record for the Board to
conduct a fair and impartial review of this case.
2. The FSM was inducted on 7 January 1943. He served in the European
Theater of Operations from 16 April 1944 through 3 November 1945 and was
honorably discharged on 19 November 1945.
3. Item 6 on the FSM's WD AGO Form 53-55 shows he was assigned to Company
C, 30th Engineer Combat Battalion.
4. In support of her claim, the applicant provided a medical record, dated
28 August 1944 which shows the FSM was assigned to Company C, 304th
Engineer Battalion of the 79th Infantry Division when he was wounded in
action on 24 June 1944 in Normandy, France.
5. Officials at the DVA confirmed that the FSM died on 8 May 2004.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II. This document does not show the 30th Engineer Combat
Battalion as an authorized unit. It does show the 304th Engineer Combat
Battalion of the 79th Infantry Division as an authorized unit.
7. 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.
DISCUSSION AND CONCLUSIONS:
The medical record provided by the applicant shows that the FSM was
assigned to Company C, 304th Engineer Battalion of the 79th Infantry
Division. Since the
Department of Army Pamphlet 672-1 does not show the 30th Engineer Combat
Battalion as an authorized unit and it does show the 304th Engineer Combat
Battalion, it is reasonable to presume that a typographical error was made
in item 6 on the FSM's WD AGO Form 53-55. Based on the available evidence
and reasonable supposition, item 6 on his WD AGO Form 53-55 should be
corrected to show his organization as Company C, 304th Engineer Combat
Battalion, 79th Infantry Division.
BOARD VOTE:
JA_____ JM______ LD______ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 6 on his WD AGO Form 53-55; and
b. adding the entry, "Company C, 304th Engineer Combat Battalion,
79th Infantry Division" in item 6 on his WD AGO Form 53-55.
___James Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR20050003903 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051025 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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