RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20060000782


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Laverne Douglas               |     |Member               |
|     |Ms. Peguine 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 that item 6 (Organization) on his WD AGO Form 53-
55 (Enlisted Record and Report of Separation) be corrected to show the
291st Engineer Combat Battalion and not the 255th Ordnance Medium
Maintenance Company.

2.  The applicant states, in effect, he was a member of the 291st Engineer
Combat Battalion during World War II.  He contends that he was transferred
to the 255th Ordnance Medium Maintenance Company for early discharge
because he had over 100 points.

3.  The applicant provides a copy of his WD AGO Form 53-55; a document
titled, “FIRST ACROSS THE RHINE”; an undated letter from a colonel; a
letter, dated 28 August 1946, from a fellow Soldier; a document titled,
“UPPER GI ENDOSCOPY”; a letter, dated 31 December 2005; and a citation for
the French Croix de Guerre with Silver Star.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 December 1945.  The application submitted in this case is undated;
however, the application was received in this office on 19 January 2006.

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.

4.  The applicant was inducted on 30 January 1943 and entered active duty
on
6 February 1943.  He served in the European Theater of Operations from

18 October 1943 through 19 November 1945 and was honorably discharged on
4 December 1945.

5.  Item 6 on the applicant's WD AGO Form 53-55 shows he was assigned to
the 255th Ordnance Medium Maintenance Company.  His WD AGO Form 53-55 shows
the Distinguished Unit Citation as an authorized award.

6.  An AG RAC Form 92 (Extract from Sick Reports), dated 20 June 1950,
shows the applicant’s organization was Headquarters and Service Company,
291st Engineer Battalion during the period 1 December 1943 through 10 July
1945.   Although his WD AGO Form 24 (Service Record) is illegible in many
sections, it does show the applicant’s unit was the 291st Engineer Combat
Battalion in 1943 and 1944.  It also shows he was transferred from
Headquarters, 291st Engineer Combat Battalion on 10 July 1945.

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 shows the 255th Ordnance Medium
Maintenance Company was not cited for the Distinguished Unit Citation or
the French Croix de Guerre.

8.  Department of the Army Pamphlet 672-1 shows the 291st Engineer Combat
was cited for the Distinguished Unit Citation in 1944 and the French Croix
de Guerre.

9.  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 preponderance of evidence in this case shows the applicant was
assigned to the 291st Engineer Combat Battalion during World War II.
Therefore, in accordance with the governing regulation, it would be
appropriate to correct item 6 on his WD AGO Form 53-55 to show the 291st
Engineer Combat Battalion.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 4 December 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:

AR_____  __LD____  _PT_____  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 in item 6 on his WD AGO Form 53-55; and

      b.  adding the entry, “291st Engineer Combat Battalion” in item 6 on
      his
WD AGO Form 53-55.




                            ___Allen Raub_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000782                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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