RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070004105


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, the son of a former service member (FSM), requests, in
effect, that his father's unit be corrected on his WD AGO Form 53-55,
Enlisted Record and Report of Separation, Honorable Discharge.

2.  The applicant states that his father's organization should be shown as
the "334th ENG SP SER" as opposed to the "335th ENG SP SER."  The applicant
states, he is requesting “correction of historical family records so as to
pursue Soldiers service records.”

3.  The applicant provided a copy of his father's death certificate; his
own birth certificate, to prove proper interest; a copy of his father's
"Class 'B' Pass"; a copy of a V-Mail (Christmas 1944, from the Persian Gulf
Command); a copy of the FSM's WD AGO Form 53-55, and a copy of the FSM's
Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 11 November 1945.  The application submitted in this case is
dated 14 March 2007.

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 also
allows the Army Board for Correction of Military Records (ABCMR) to
excuse an applicant’s failure to timely file within the 3-year statute of
limitations if the ABCMR determines it would be in the interest of
justice to do so.  While it appears the applicant did not file within the
time frame provided in the statute of limitations, the ABCMR has elected
to conduct a substantive review of this case and, only to the extent
relief, if any, is granted, has determined it is in the interest of
justice to excuse the applicant’s failure to timely file.  In all other
respects, there are insufficient bases to waive the statute of
limitations for timely filing.

3.  The FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from the FSM's enlisted record and report of separation and from other
official and unofficial sources.
4.  The evidence shows the applicant's father was inducted into the Army of
the United States on 18 May 1943 and entered service at Camp Perry, Ohio,
on 25 May 1943.  The FSM was honorably discharged for the convenience of
the Government – at Demobilization, under the provisions of Army Regulation
(AR) 615-365, in the grade of Technician Fifth Grade, on 11 November 1945.

5.  Item 6 (Organization) of the FSM's WD AGO Form 53-55, shows the FSM was
assigned to "CO B 335TH ENG SP SER" on the day of his separation.

6.  On 1 October 1945, the FSM was issued a "Class 'B' Pass."  The
organization shown on this pass is Company B, 334th Engineer Regiment
(SS [Special Service]).

7.  During the Christmas holiday season in 1944, the FSM sent a V-Mail to
his home in Cleveland, Garfield Heights, Ohio.  His unit on the return
address is shown to be Company B, 334th Engineer Regiment (SS).

8.  War Department Technical Manual 12-236, in effect at the time of the
FSM's separation, provided guidance and instructions for the preparation of
the forms to be given to Soldiers on their separation from active duty.
Chapter 3, of this technical manual, provided guidance on the appropriate
form to be prepared for enlisted personnel at the time they were
discharged, released from active duty, or retired.  The instructions for
the completion of Item 6 (Organization) provided for entry of the unit
designation for the last tactical or administrative and tactical unit, or
similar element to which the Soldier was assigned, rather than the element
of which he was a part while moving to a disposition center, reception
station, or separation center.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's father, the FSM, was issued a "Class 'B' Pass" on 1
October 1945.  The organization shown on this pass is Company B, 334th
Engineer Regiment (SS).

2.  During the Christmas holiday season, in 1944, the FSM sent a V-Mail to
his home in Ohio.  His unit on the return address is shown to be Company B,
334th Engineer Regiment (SS).

3.  The applicant's father would not have been issued a "Class 'B' Pass" by
any other unit except his own.  By the same token, the FSM would not have
used a return address for another unit other than his own to address a
greeting card destined for home.
4.  Based on the foregoing, there is sufficient available evidence to
support the applicant's contention that his father was assigned to the
"334th ENG SP SER" as opposed to the "335th ENG SP SER" and to entitle him
to a correction of Item 6, of his father's WD AGO Form 53-55.

BOARD VOTE:

___LDS_  __FCJ___  __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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
correcting Item 6 (Organization), of the FSM's WD AGO Form 53-55, to read,
"334th ENG SP SER," as opposed to the currently shown, "335th ENG SP SER."




                            ___    Linda D. Simmons______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070004105                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070906                                |
|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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