RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050005957


      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             |
|     |Mrs. Victoria A. Donaldson        |     |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 that his separation document be amended to show
his most significant duty assignment as Headquarters and Headquarters
Company, 2nd Battalion, 357th Infantry Regiment of the 90th Infantry
Division.

2.  The applicant states he was assigned to the Headquarters and
Headquarters Company, 204th Field Artillery Battalion for the purpose of
discharge.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 December 1945, the date of his separation from active
duty.  The application submitted in this case is dated 8 April 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 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 to conduct a fair
and impartial review of this case.

4.  Records show the applicant enlisted on 27 March 1943 and entered active
duty on 19 July 1943.  He was awarded the military occupational specialty
(MOS) 641 (Field Lineman Telephone Switchboard Operator). The applicant
served in the European Theater of Operations during the period 22 June 1944
through 21 November 1945.



5.  General Orders Number 10, dated 10 August 1944, show the applicant was
awarded the Combat Infantryman Badge while assigned to Headquarters and
Headquarters Company, 2nd Battalion, 357th Infantry Regiment of the 90th
Infantry Division.

6.  The applicant's records contain War Department Letter Orders, dated
11 August 1950, which awarded him the Bronze Star Medal for exemplary
conduct in ground combat against an armed enemy on or about 19 July 1944,
in the European Theater of Operations, while assigned to the 357th Infantry
Regiment.  The Bronze Star Medal is not shown on the applicant's WD AGO
Form 53-55.

7.  Item 6 on the applicant's WD AGO Form 53-55 shows the entry, "HQ BTRY
204 FA BN" [Headquarters, Battery 204th Field Artillery Battalion].

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's separation document and the Letter Orders for award of
the Combat Infantryman Badge show that he was assigned to Headquarters and
Headquarters Company, 2nd Battalion, 357th Infantry Regiment of the 90th
Infantry Division.  It is possible the unit listed on his WD AGO Form 53-55
was the last unit he was assigned to for the purpose of movement to a
separation activity.  However, 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 Headquarters and Headquarters Company, 2nd
Battalion, 357th Infantry Regiment of the 90th Infantry Division.

2.  The applicant was awarded the Bronze Star Medal during World War II;
therefore, he is entitled to correction of his records to show award of the
Bronze Star Medal.


BOARD VOTE:

_LMD___  __MHM___  __SK___  GRANT FULL 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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  deleting the entry, "HQ BTRY 204 FA BN" in item 6 on his WD AGO
Form 53-55;

      b.  adding the entry, " Headquarters and Headquarters Company, 2nd
Battalion, 357th Infantry Regiment of the 90th Infantry Division " in item
6 on his WD AGO Form 53-55; and

      c.  amending item 33 (Decorations and Citations) on his WD AGO Form
53-55 to show that he was awarded the Bronze Star Medal.



                               __Stanley Kelley__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005957                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant Plus                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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