RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 January 2006
      DOCKET NUMBER:  AR20050007738


      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. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 item 6 (Organization) on his WD AGO Form 53-
55 (Enlisted Record and Report of Separation) be corrected to show the
697th Field Artillery Battalion instead of Battery C, 772nd Field Artillery
Battalion.

2.  The applicant states he was in the 697th Field Artillery Battalion.

3.  The applicant provides a Letter of Appreciation, dated 30 June 1945,
and a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 September 1945.  The application submitted in this case is
dated 17 August 2004; however, the application was received in this office
on 23 May 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 limitation 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.

4.  The applicant was inducted on 25 March 1941.  He served in the European
Theater of Operations from 7 February 1943 through 6 September 1945 and was
honorably discharged on 27 September 1945.

5.  Item 6 on the applicant's WD AGO Form 53-55 shows he was assigned to
Battery C, 772nd Field Artillery Battalion.

6.  In support of his claim, the applicant provided a Letter of
Appreciation, dated
30 June 1945, from the Commanding Officer of the 697th Field Artillery
Battalion which shows he was assigned to Battery C, 697th Field Artillery
Battalion "throughout its combat time in Italy, France, Germany, and
Austria."
7.  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 772nd Field Artillery
Battalion as an authorized unit.  It does show the 697th Field Artillery
Battalion as an authorized unit.

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 of the WD AGO Form 53-
55.

DISCUSSION AND CONCLUSIONS:

1.  The Letter of Appreciation provided by the applicant shows he was
assigned to Battery C, 697th Field Artillery Battalion.  Since the
Department of Army Pamphlet 672-1 does not show the 772nd Field Artillery
Battalion as an authorized unit and it does show the 697th Field Artillery
Battalion, it is reasonable to presume that an error was made in item 6 on
the applicant'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 Battery C, 697th Field Artillery Battalion.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 September 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 January 1950 (3 years after the Board was established on 2 January 1947).
 The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.
BOARD VOTE:

KW_____  __DD___  _QS_____  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 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 in item 6 on his WD AGO Form 53-55; and

      b.  adding the entry, "Battery C, 697th Field Artillery Battalion" in
item 6 on his WD AGO Form 53-55.




            __Kenneth Wright______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007738                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]