RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 November 2005
      DOCKET NUMBER:  AR20050004041


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. 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 requests, in effect, that his separation document
(WD AGO Form 53-55) be corrected to show he was in the 17th Airborne
Division.

2.  The applicant states, in effect, he was in the 17th Airborne Division
and he would like his separation document to reflect this fact.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 23 June 1946.  The application submitted in this case is
dated
4 March 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 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
applicant’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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant’s WD AGO Form 53-55 and unit historical records maintained at the
National Archives.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 7 March 1943.  He served in the European Theater
of Operations (ETO) from 28 August 1944 through 6 May 1946, and he
participated in the Central Europe campaign.  Item 33 (Decorations and
Citations) shows that during his active duty tenure, he earned the American
Campaign Medal, European-African-Middle Eastern Campaign Medal, Army Good
Conduct Medal and World War II Victory Medal.
5.  Item 6 (Organization) of the applicant’s WD AGO Form 53-55 shows that
he was assigned to the 3233rd Engineer Service Battalion.  The separation
document also confirms that he was honorably separated on 23 June 1946
after completing a total of 3 years, 3 months and 26 days of active
military service.

6.  During the processing of this case, a member of the Board staff
reviewed the unit historical records of the 17th Airborne Division and the
3233rd Engineer Service Battalion maintained at the National Archives.
This search failed to show that the 3233rd Engineer Service Battalion was
ever assigned or attached to the 17th Airborne Division.  The 3233rd
Engineer Service Battalion was activated in France on 21 August 1945.  The
unit was composed of the officers and men of the former 1261st Engineer
Combat Battalion.  The review also confirmed that the engineer unit
assigned to the 17th Airborne Division was the 139th Airborne Engineer
Battalion.

7.  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 would be entered in Item 6 of the WD AGO Form 53-
55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his separation document should show he
served with the 17th Airborne Division was carefully considered.  However,
there is insufficient evidence to support this claim.

2.  Although the applicant may have served with the 17th Airborne Division
at some point during his active duty service, the evidence shows he was
assigned to the 3233rd Engineer Service Battalion in the ETO and that this
was his organization at the time of his separation.  As a result, there is
no error or injustice related to the Item 6 entry on his WD AGO Form 53-55.


3.  The National Archives unit historical records show the 3233rd Engineer
Service Battalion was not assigned or attached to the 17th Airborne
Division in the ETO.  Therefore, there is an insufficient evidentiary basis
to support granting the requested relief at this late date.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 June 1946.  Therefore, based on the
date the Board was established, 2 January 1947, the time for him to file a
request for correction of any error or injustice expired on 1 January 1950.
 He failed to file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK __  ___MHM    __LMD __  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                 |AR20050004041                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/06/23                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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