RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070005761


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 his WD AGO Form 53-55 shows he
was in Company B, 80th Armored Medical Battalion, which is wrong.  He
claims the out-processing clerk at Fort Dix, New Jersey, made an error when
he typed up the separation document and he would like this corrected.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  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 (NPRC) 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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s WD AGO Form 53-55 and documents remaining in the
applicant's NPRC file.

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
of the United States and entered active duty on 5 May 1942.  Item 6
(Organization) contains the entry "CO B  80TH ARMD MED BN".  The separation
document confirms he served in the European Theater of Operations (ETO)
from
6 October 1942 through 12 June 1944.

4.  Item 32 (Battles and Campaigns) shows the applicant was credited with
participating in the Algeria-French Morocco, Ardennes, Central Europe,
Normandy, Northern France, Rhineland, Sicily, and Tunisia campaigns of
World War II.  Item 33 (Decorations and Citations), as amended by a
separation document correction (DD Form 215), dated 8 April 2000, shows he
earned the Bronze Star Medal (BSM), European-African-Middle Eastern
Campaign Medal with bronze arrowhead, Army Good Conduct Medal and World War
II Victory Medal.

5.  The NPRC file pertaining to the applicant contains a Headquarters,
Ninth Infantry Division Awards Memorandum, dated 14 May 1945 and
Headquarters, Ninth Infantry Division General Orders Number 47, dated 15
May 1945, which confirm the applicant, who was then a member of the 9th
Medical Battalion,
9th Infantry Division, was awarded the BSM for his meritorious service
during the period 1 January through 31 March 1945.

6.  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 evidence of record confirms the applicant served in the 9th Medical
Battalion, 9th Infantry Division from at least January 1945 through March
1945, prior to his departure from the ETO.  It also confirms he was serving
in this unit when he awarded the BSM for meritorious service in combat in
Germany.

2.  In view of the evidence in this case, there is no reason to doubt the
applicant's claim that he served in the 9th Infantry Division during World
War II.  Therefore, it is presumed that the unit listed in his separation
document was likely a transitional unit that he was assigned to for
movement to a separation activity.  As a result, it would be appropriate to
correct his separation document to reflect his proper unit was the 9th
Medical Battalion, 9th Infantry Division.

BOARD VOTE:

___BPI  _  __TMR__  __GJP __  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
amending his 21 September 1945 WD AGO Form 53-55 by deleting the current
entry in Item 6 and replacing it with the entry "9th Medical Battalion, 9th
Infantry Division"; and by providing him a correction to his separation
document that reflects this change.




                            _____Bernard P. Ingold____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005761                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/09/21                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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