RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060008367


      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. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 Battery
C, 339th Field Artillery Battalion and not Battery B, 151st Field Artillery
Battalion.

2.  The applicant states that he never noticed his organization was
incorrect on his discharge papers.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a roster
titled, “C Battery.”

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 November 1945.  The application submitted in this case is dated 3
September 2005; however, this application was received in this office on 26
April 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 6 November 1942 and entered active duty
on
13 November 1942.  He served in the Mediterranean Theater of Operations
from
23 December 1943 through 22 October 1945 and was honorably discharged on
9 November 1945.

5.  Item 6 on the applicant's WD AGO Form 53-55 shows he was assigned to
Battery C, 151st Field Artillery Battalion.  Item 32 (Battles and
Campaigns) on his WD AGO Form 53-55 shows he participated in three battles
and campaigns (North Apennines, Po Valley, and Rome-Arno).
6.  In support of his claim, the applicant provided a roster titled, “C
Battery” which includes his name.

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 151st Field Artillery
Battalion participated in six campaigns (Anzio, Naples-Foggia, North
Apennines, Po Valley, Rome-Arno, and Tunisia) during World War II.

8.  Department of the Army Pamphlet 672-1 shows the 339th Field Artillery
Battalion participated in three campaigns (North Apennines, Po Valley, and
Rome-Arno) during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows his organization was the 151st
Field Artillery Battalion and that he participated in three battles and
campaigns during World War II.  However, the Department of the Army
Pamphlet 672-1 shows the 151st Field Artillery Battalion participated in
six battles and campaigns during World War II.  Since the applicant
contends that his organization was Battery C, 339th Field Artillery
Battalion, and the same three campaigns shown in Department of the Army
Pamphlet 672-1 for the 339th Field Artillery Battalion are shown on his WD
AGO Form 53-55, it is reasonable to presume he was assigned to this
organization.  Therefore, it would be appropriate to correct item
6 on his WD AGO Form 53-55 to show Battery C, 339th Field Artillery
Battalion.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 9 November 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:

JM_____  __PF____  __RH____  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, “Battery C, 339th Field Artillery Battalion” in
item 6 on his WD AGO Form 53-55.



                            ____John Meixell______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008367                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|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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