RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060000304


      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. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott w. Faught               |     |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
to show that he was assigned to the 45th Infantry Division when he was
discharged.

2.  The applicant states, in effect, that during World War II he served in
the
45th Infantry Division and was discharged on points before the 45th
Infantry Division redeployed to the United States.  The applicant also
states, in effect, his discharge document shows that he was discharged from
Service Company, 409th Infantry, but he should have been discharged from
the 45th Infantry Division.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation - Honorable Discharge), with an effective date of
24 September 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 September 1945, the date of his discharge from the Army.
The application submitted in this case is dated 27 December 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 service records were lost or destroyed in the
National Personnel Records Center fire of 1973.  Available records consist
essentially of a copy of the applicant's WD AGO Form 53-55 (Enlisted Record
and Report of Separation - Honorable Discharge), with an effective date of
24 September 1945 and WD Form 372A (Final Payment - Work Sheet), dated 24
September 1945.

4.  The applicant's military service records show that he was inducted into
the Army on 27 June 1941.  After completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 345 (Truck Driver, Light).  The applicant
served in the European Theater of Operations during World War II from 8
June 1943 through 10 September 1945 and arrived in the United States on 18
September 1945.  On 24 September 1945 the applicant was honorably
discharged after serving on active duty a total of
4 years, 2 months, and 26 days.

5.  The applicant's military service records contain a copy of a WD Form
Number 372A, dated 24 September 1945, which served to document essential
information concerning the applicant's final payment at the time of his
separation. This document shows the item marked "Previous Organization (or
Place)" contains, in pertinent part, the entry "409th Inf. Regt" and the
item marked "Date of Trf" (Transfer) contains the entry "18 Sep 45".  This
document also shows that the applicant was discharged on 24 September 1945
and that he certified and affixed his signature to this final payment
document.

6.  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 September
1945.  Item 6 (Organization) of this document contains the entry "Service
Company,
409th Infantry" and Item 56 (Signature of Person Being Separated) shows
that the applicant affixed his signature to this document.  Item 31
(Military Qualification and Date) of this document shows the applicant was
awarded the Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar
in 1941.  Item 33 (Decorations and Citations) of this document shows that
he was awarded the Good Conduct Medal, American Defense Service Medal, and
the European-African-Middle Eastern Service Medal with 6 bronze service
stars and 1 bronze arrowhead.

7.  The applicant's military service records contain a copy of
Headquarters,
179th Infantry, General Order Number 3, dated 24 April 1944, which the
applicant provided as an enclosure to a letter he sent to the Commander,
U.S. Army Reserve Personnel Administration Center (RCPAC), St. Louis,
Missouri, on
20 December 1982 concerning an inquiry about his entitlement to awards.
This General Order shows that the applicant was awarded the Combat
Infantryman Badge for exemplary conduct in action against the enemy.

8.  The applicant's military service records contain two DA Forms 1577
(Authorization and Issuance of Awards), dated 13 March 1984 and 17
September 1985, respectively.  These documents were issued by the
Commander, RCPAC (St. Louis, Missouri), in response to the applicant's
requests for awards.  The two documents show that, based on a review of the
applicant's records, the applicant was authorized and issued the Bronze
Star Medal, Good Conduct Medal, American Defense Service Medal, American
Campaign Medal, European-African-Middle Eastern Service Medal (with 1
silver service star, 1 bronze service star, and 1 bronze arrowhead), World
War II Victory Medal, Army of Occupation Medal with Germany clasp, Combat
Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle
Bar, and the World War II Honorable Service Lapel Button.

9.  There is no evidence in the applicant's military service records which
shows that a DD Form 215 (Correction to DD Form 214, Certificate of Release
or Discharge from Active Duty) was issued when the Commander, RCPAC,
verified the applicant's entitlement to awards and authorized the
additional awards.

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 September 1945, is incorrect because Item 6 (Organization) shows
that he was assigned to Service Company, 409th Infantry.  He maintains that
Item 6 of the document should show that he was assigned to the 45th
Infantry Division. However, the applicant provides insufficient documentary
evidence in support of his request to show that he was assigned to the 45th
Infantry Division immediately prior to his transfer to the separation
activity.

2.  The evidence of record shows that the applicant was assigned to the
179th Infantry Regiment (45th Infantry Division) while serving in the
European Theater of Operations during World War II when he was awarded the
Combat Infantryman Badge.  However, the evidence of record also shows that
the applicant was subsequently assigned to Service Company, 409th Infantry
(103rd Infantry Division).  In addition, the evidence of record shows that
Service Company, 409th Infantry, was the last unit/organization to which
the applicant was assigned prior to his transfer to the separation
activity.

3.  The evidence of record further shows that during his separation
processing the applicant reviewed his WD Form 372A and WD AGO 53-55.  Both
of these documents indicate that the last unit/organization to which the
applicant was assigned was Service Company, 409th Infantry.  In addition,
there is no documentary evidence in available records disputing the fact
that the applicant was assigned to Service Company, 409th Infantry,
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.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 September 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

__JBG __  ___MJF__ __SWF__   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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by adding the following awards and decorations to his discharge
document:  Combat Infantryman Badge, Bronze Star Medal, American Campaign
Medal, World War II Victory Medal, and Army of Occupation Medal with
Germany clasp.




                                          James B. Gunlicks___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000304                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450924                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of the Government - Demob.  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |107.0014.0000                           |
|3.                      |107.0111.0000                           |
|4.                      |110.0400.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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