RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000223


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 his discharge
document.

2.  The applicant states, in effect, that the organization shown on his
discharge document is incorrect and should be changed to read Squadron
Headquarters, 25th Cavalry Reconnaissance Squadron Mechanized, 4th Armored
Division, Third Army.

3.  The applicant provides a letter from the Director, Veterans Services,
Town of Burlington, Burlington, Massachusetts, dated 16 December 2005; his
original
DD Form 149, dated 9 August 1994; Army Board for Correction of Military
Records letter, dated 29 November 2005; two photographs of himself in
uniform; and a copy of WD AGO Form 53-55 (Enlisted Record and Report of
Separation - Honorable Discharge), with an effective date of 24 October
1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 October 1945, the date of his discharge from the Army.  The
application submitted in this case is dated 9 August 1994.

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 service records were lost or destroyed in the
National Personnel Records Center fire of 1973.  Available records consist
primarily of copies of the applicant's Department of Selective Service
(D.S.S.) Form 150 (Order to Report for Induction), dated 23 May 1942;
D.S.S. Form 221 (Report of Physical Examination and Induction), dated 4
June 1942; War Department (WD) Adjutant General Office (AGO) Form 38
(Report of Physical Examination of Enlisted Personnel Prior to Discharge,
Release from Active Duty or Retirement), dated 23 October 1945; WD AGO Form
Number 24 (Service Record), WD Form 372A (Final Payment - Work Sheet),
dated 24 October 1945; and WD AGO Form 53-55 (Enlisted Record and Report of
Separation - Honorable Discharge), with an effective date of 24 October
1945.

4.  The applicant's military service records show that he was inducted into
the Army on 4 June 1942.  After completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 931 (Truck Driver, Heavy).  The applicant
served in the European Theater of Operations during World War II from 29
December 1943 to 11 October 1945.  On 24 October 1945, the applicant was
honorably discharged after serving on active duty a total of 3 years, 4
months, and 21 days.

5.  The applicant's military service records contain a copy of a WD AGO
Form Number 24 (Service Record), which served to document essential
information concerning the applicant's military service.  Page 18 of this
document contains a 3rd endorsement, dated 14 July 1945, which shows, in
pertinent part, that an official of the Personnel Section of the 25th
Cavalry Reconnaissance Squadron Mechanized, APO (Army Post Overseas) 254,
U.S. Army, recorded an entry addressed to the Commanding Officer, 89th
Cavalry Reconnaissance Squadron Mechanized, APO 259, U.S. Army, indicating
"[t]his soldier was transferred to your command per [indistinguishable]
#152, HQ, 4th A.D, 13 July 45 and left this organization 19 July 1945."

6.  The applicant's WD AGO Form Number 24 contains an insert to the Service
Record for a 4th endorsement, dated 13 October 1945, which shows, in
pertinent part, that an official of Headquarters, 89th Cavalry
Reconnaissance Mechanized, Camp Patrick Henry, Virginia, recorded an entry
addressed to the Commanding Officer, Separation Station 25, Fort Devens,
Massachusetts, indicating "[t]his soldier was transferred to your command
per LO (10-7140) (10-7186) Hq CPH Va 14 Oct 45 and left this organization
13 October 1945."

7.  The applicant's military service records contain a copy of a WD Form
Number 372A (Final Payment - Work Sheet), dated 24 October 1945, which
served to document essential information concerning the applicant's final
payment at the time of his separation.  This document shows, in pertinent
part, the item marked "Previous Organization (or Place)" contains the entry
"89th Cav Rcn", the item marked "Date of Trf" (Transfer) contains the entry
"Oct 14/45".  This document also shows that the applicant was discharged on
24 October 1945 and that he certified and affixed his signature to this
final payment document.

8.  The applicant's military service records contain a copy of WD AGO Form
53-55 (Enlisted Record and Report of Separation - Honorable Discharge),
which shows that the applicant was honorably discharged on 24 October 1945.
 Item 6 (Organization) of this document contains the entry "Squadron
Headquarters
89th Cavalry Reconnaissance Squadron Mechanized" and Item 56 (Signature of
Person Being Separated) shows that the applicant affixed his signature to
this document.
9.  In support of his application, the applicant provides two photographs
of himself in uniform.  One of the photographs, in pertinent part, offers a
view of the applicant's Shoulder Sleeve Insignia (SSI), which shows the
applicant wearing the 4th Armored Division shoulder patch.

10.  Technical Manual 12-235, Discharge Procedures and Preparation of
Separation Forms, the regulation then in effect at the time of the
applicant's discharge, provides that item 6 (Organization) of the WD AGO
Form 53-55 will show the last unit or similar element to which the Soldier
was assigned, rather than the element of which he was a part while moving
to a separation activity.  The designation of the organization will be as
shown in the Service Record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55, with an effective
date of 24 October 1945, is incorrect because Item 6 (Organization) shows
that he was assigned to Squadron Headquarters, 89th Cavalry Reconnaissance
Squadron Mechanized.  He maintains that Item 6 of the document should show
that he was assigned to Squadron Headquarters, 25th Cavalry Reconnaissance
Squadron Mechanized, 4th Armored Division, Third Army.  The photograph that
the applicant provides offers the Board an image of the applicant at the
particular point in time the photograph was taken, but does not
specifically identify the date the photograph was taken.  The photograph
serves to support the fact that the applicant was assigned to the 4th
Armored Division and the Board acknowledges the fact that the applicant was
assigned to Squadron Headquarters, 25th Cavalry Reconnaissance Squadron
Mechanized, 4th Armored Division.  However, the applicant provides
insufficient documentary evidence in support of his request to show that he
was assigned to Squadron Headquarters, 25th Cavalry Reconnaissance Squadron
Mechanized, 4th Armored Division, immediately prior to his transfer to the
separation activity.

2.  The evidence of records shows that the applicant was assigned to
Squadron Headquarters, 25th Cavalry Reconnaissance Squadron Mechanized,
4th Armored Division, while serving in the ETO during World War II.
However, the evidence of records also shows that the applicant was
subsequently assigned to Squadron Headquarters, 89th Cavalry Reconnaissance
Squadron Mechanized, 9th Armored Division.  In addition, the evidence of
records shows that Squadron Headquarters, 89th Cavalry Reconnaissance
Squadron Mechanized, was the last unit/organization to which the applicant
was assigned (i.e., as shown in the Service Record) prior to his transfer
to the separation activity.

3.  The evidence of records further shows that during his separation
processing the applicant reviewed his WD Form 372A (Final Payment - Work
Sheet) and WD AGO 53-55 (Enlisted Record and Report of Separation -
Honorable Discharge).  Both of these documents indicate that the last
unit/organization to which the applicant was assigned was Squadron
Headquarters, 89th Cavalry Reconnaissance Squadron Mechanized.  In
addition, there is no documentary evidence in available records disputing
the fact that the applicant was assigned to Squadron Headquarters, 89th
Cavalry Reconnaissance Squadron Mechanized, immediately prior to his
transfer to the separation activity.  Moreover, these two documents also
show that the applicant affixed his signature to the documents attesting to
their accuracy at the time of his discharge.  As a result, in the absence
of documentary evidence to the contrary, the Board finds that the
organization shown on the applicant's discharge document is correct.
Therefore, the applicant is not entitled to correction of
Item 6 of his WD AGO Form 53-55.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 October 1945; the date of his
discharge from the Army.  The ABCMR was not established until 2 January
1947.  Therefore, 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 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

___CG__  __JBG___  __PMT__  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.




                                  ____Curtis Greenway___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000223                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451024                                |
|DISCHARGE AUTHORITY     |AR 615-365, RR 1-1                      |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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