RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060016834


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David Tucker                  |     |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 Company
B, 714th Battalion, 12th Armored Division and not Company G, 143rd Infantry
Regiment.

2.  The applicant states that he served his entire time with Company B,
714th Battalion of the 12th Armored Division.  He contends that the 12th
Armored Division was disbanded in Europe to send the troops home and he was
attached to Company G.  He further states that he is a proud “Hellcat” and
wants to be remembered as a “Hellcat.”

3.  The applicant provides a copy of his WD AGO Form 53-55 and a statement
of support from his daughter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 December 1945.  The application submitted in this case is
dated 26 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 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 13 October 1942 and entered active duty
on 28 October 1942.  Item 30 (Military Occupational Specialty (MOS) and
Number) on his WD AGO Form 53-55 shows the entry, “Medium Tank Crewman
2736.”  He served in the European Theater of Operations from 1 October 1944
through
7 December 1945 and was honorably discharged on 27 December 1945.
5.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows the
entry, "Co G 143rd Inf Regt” [Company G, 143rd Infantry Regiment].

6.  There is no evidence in the available records which shows the applicant
was assigned to Company B, 714th Battalion, 12th Armored Division during
World War II.

7.  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.  Since the applicant’s WD AGO Form 53-55 shows his MOS was medium tank
crewman and he contends that his entire service was with Company B, 714th
Battalion of the 12th Armored Division, it is reasonable to presume that he
was only assigned to Company G, 143rd Infantry Regiment for separation
purposes.  Therefore, it would appropriate to amend item 6 on the
applicant's WD AGO Form 53-55 to show Company B, 714th Battalion of the
12th Armored Division.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 27 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:

JR______  _RB_____  __DT____  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, “Company B, 714th Battalion, 12th Armored
Division” in item 6 on his WD AGO Form 53-55.



                                  __Jeffrey Redmann_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016834                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|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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