RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060012826


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |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, that the unit listed in Item 6
(Organization) of his Separation Document (WD AGO Form 53-55) be corrected.


2.  The applicant states, in effect, that he would like the unit listed in
Item 6 of his separation document changed to show he was assigned to the
299th Combat Engineers and not the 4167th United States Army Hospital Plant
at the time of his discharge.  He claims that he left the hospital and went
back to the 299th Combat Engineers for a couple of months and was
discharged with the engineers.  He states that he was part of the 299th and
it is important to him to have this corrected.  He also states that he was
in the hospital because he was injured during combat and he feels Item 34
(Wounds Received in Action) should contain an entry showing he received
these injuries.

3.  The applicant provides his WD AGO Form 53-55 and his Honorable
Discharge Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 24 October 1945, the date of his separation.  The
application submitted in this case is dated 16 August 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 record shows he was inducted into the Army and entered
active duty on 10 March 1943.  He departed the United States for the
European Theater of Operations (ETO) on 6 April 1944, with the 299th
Engineer Combat Battalion, and arrived in the ETO on 18 April 1944.

4.  On 5 March 1945, while serving in Germany with the 299th Engineer
Combat Battalion, the applicant accidentally injured his back when debris
fell on him from a nearby building due to United States Artillery fire,
which ultimately led to his assignment to the 4167th United States Army
Hospital Plant.
5.  On 21 May 1945, the applicant was reassigned from the 4167th United
States Army Hospital Plant to the 10th Reinforcement Depot, and on 7
October 1945, he departed the ETO for movement to the United States.  He
arrived in the United States on 17 October 1945, and was separated on 24
October 1945.  The
WD AGO Form 53-55 issued to him upon his separation shows his organization
was the 4167th United States Army Hospital Plant, and Item 34 contains the
entry "None".  The applicant authenticated this document with his signature
in Item 56 (Signature of Person Being Separated) on the date of his
separation,
24 October 1945.

6.  The applicant's Service Record (WD AGO Form 24) contains medical
treatment records confirming the applicant was treated for an accidental
injury to his back that he received while serving in Germany on 5 March
1945.

7.  Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, states that the last unit, or similar element to which the
individual was assigned, rather than the element of which he was part while
moving to a separation activity will be entered in Item 6 (Organization) of
the WD AGO Form 53-55.  It also notes that assignments to units for the
purpose of transfer from a theater to the United States is considered part
of the movement to a separation activity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows that he was assigned to the 299th Engineer
Combat Battalion for the majority of the time he served in the ETO, and
that
he was assigned to the 4167th United States Army Hospital Plant for
treatment for an injury to his back in March 1945 and to the 10th
Replacement Depot for movement for separation with his unit.  Therefore,
since the 299th Engineer Combat Battalion was the last traditional unit to
which he was assigned in the ETO, it would be appropriate and serve the
interest of equity to change the entry in Item 6 of his WD AGO Form 53-55
by deleting the current entry and replacing it with the entry "299th
Engineer Combat Battalion".

2.  By regulation, an entry in Item 34 of the WD Form 53-55 was only
authorized for wounds or injuries received as a result of enemy action.
Given the record confirms the applicant's back injury was accidental, it
would not be appropriate to document this non-battle related injury in Item
34 of his separation document.  However, there are medical treatment files
contained in the applicant's file that document this injury and the
treatment he received for it.  As a result, there appears to be no error or
injustice related to this issue.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS _  __JCR __  __SWF__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 amending Item 6 of his
WD AGO Form 53-55 by deleting the current entry and replacing it with the
entry "299th Engineer Combat Battalion"; and by providing him a correction
to his separation document that includes this change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding an entry documenting his injury in Item 34 of his WD AGO Form 53-55.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012826                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/05                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/10/24                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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