RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017694


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Mr. Chester Damian                |     |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 number 6 (Organization) on his
Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected
to show his organization as A Company, 188th Infantry Regiment, 11th
Airborne Division.

2.  The applicant states that his WD AGO Form 53-55 shows his organization
as G Company, 164th Infantry Regiment and he never served in the 164th
Infantry Regiment.

3.  The applicant provides in support of his application, a copy of the
Executive Order awarding him the Bronze Star Medal and a copy of his WD AGO

Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 November 1945.  The application submitted in this case
is dated 7 December 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from documentation submitted by the applicant.

4.  On 26 February 1943, the applicant was inducted into the Army in
Pittsburgh, Pennsylvania and entered active duty on 5 March 1943.  He
successfully completed his training as a rifleman.

5.  Executive Order Number 9419 dated 4 February 1944, that the applicant
submitted in behalf of his application indicates that he was awarded a
Bronze Star Medal on 19 March 1945 by the Commanding General, 11th Airborne
Division and that he was assigned to an infantry regiment, serving in the
rank of private first class.  However, the Executive Order does no specify
which infantry
regiment he was serving in at that time.  The available record does show
that he was airborne qualified while he was in the Army and that he may
have been assigned to the 164th Infantry Regiment for the purpose of
rotating back to the Continental United States (CONUS).

6.  The applicant was honorably discharged on 28 November 1945 due to
demobilization.  The WD AGO Form 53-55 that he was furnished at the time of
his discharge shows the organization that he was assigned to as G Company,
164th Infantry Regiment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was assigned to A Company, 188th
Infantry Regiment, 11th Airborne Division while he was in the Army.

2.  Although his WD AGO Form 53-55 indicates that he was assigned to
Company G, 164th Infantry Regiment, the applicant was airborne qualified
and it is reasonable to presume that he was assigned to the A Company,
188th Infantry Regiment, 11th Airborne Division and that at the end of his
tour of duty, he was assigned to Company G, 164th Infantry Regiment for the
purpose of rotating back to CONUS.

3.  He was awarded the Bronze Star Medal by the Commanding General,
11th Airborne Division.  Therefore, as a matter of justice, it would be
appropriate to correct the applicant's records as recommended below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 November 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 November 1948.  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:

__LS  ___  __JS____  __CD___  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 showing amending his WD AGO Form 53-55
to show his organization as A Company, 188th Infantry Regiment, 11th
Airborne Division.




                            _____Linda Simmons________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017694                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTER          |
|2.  189                 |110.0000/DISCHARGE DOCUMENT             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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