RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070009225 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Chester A. Damian

Member

Mr. Ronald D. Gant

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 correction of the military occupational specialty (MOS) on his WD AG Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) from Automotive Equipment Operator (345) to Medic.

2.  The applicant states that he spent most of his career in the Infantry as a frontline medic.  He further adds that after he was evacuated and sent to a hospital, he joined his twin brother’s unit in the U.S. Air Force.  Upon discharge, he was classified as an equipment operator and a truck driver rather than a company aid man.  

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  WD AG Form 53-55, dated 3 October 1945.

	b.  Undated self-authored statement with a photograph of the applicant in his dress uniform.

	c.  Extracts from local newspapers during World War II (WWII).

	d.  Witness affidavit of support, dated 8 August 2006, and the witness’ WD AG Form 53-55.

	e.  WD AGO Form 65-10 (Medical Department Red Cross Identification Card) Number 199280.

	f.  2nd Infantry Division Association Roster, dated 31 July 1989.

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 complete military records are not available 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, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows that he was inducted in the Army of the United States on 17 September 1942 and entered active duty on 1 October 1942 at Allentown, Pennsylvania in military occupational specialty (MOS) 345 (Auto Equipment Operator).  

4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle-Eastern (EAME) Theater during the period 19 October 1943 through 7 September.  Item 4 (Arm or Service) of his WD AG Form 53-55 contains an entry that indicates the applicant was a member of the Air Corps branch of service.  Item 6 (Organization) shows that he was assigned to the 1417th Army Air Force Base Unit, Wilmington, Delaware. 

5.  The applicant's WD AGO Form 53-55 shows he completed 1 year and 27 days of continental service and 1 year, 11 months, and 6 days of foreign-service.  He was honorably separated on 3 October 1945.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Ardennes, Normandy, Rhineland, Northern France, and Central Europe campaigns of WWII.

7.  In a self-authored statement, the applicant describes in vivid details some of his fondest memories during WWII and alludes to his performance as a medic during the war.  He states that he completed basic combat training near San Antonio, Texas, and advanced individual training, as a medic at Fort McCoy, Wisconsin.  He further described how he was wounded when an enemy shell exploded in a tree above him on 10 June 1944.  He also describes how he helped someone who was shot in the foot on 2 July 1944.  He also describes how he and others attempted to treat Soldiers who were wounded by a mine explosion on 14 December 1944.  He concludes that he eventually joined his brother's unit in Naples, Italy, until he was flown back home for discharge on 5 October 1945, as member of the Air Force. 

8.  The extracts from the local newspapers describe how the applicant was reunited with his twin brother at an Air Force base.  One of the extracts states that the applicant spent 20 months of foreign-service with the 9th Infantry Medical Detachment in Ireland, England, and Germany.  

9.  In a notarized affidavit of support, a witness (who also attached his own WD AGO Form 53-55) states that he served in the 2nd Division, 9th Infantry, Medical Detachment and swears that the applicant served with him as a company aide man from 1942 to 1945.

10.  The applicant submitted the first two pages of a Medical Department Red Cross Identification Card, with the Number “199280” on the front page.  However, the second page had the number “22188” crossed out and replaced with a hand-written “199280” to match the front of the Identification Card.

11.  The submitted 9th Infantry Regiment Association Roster shows the applicant's name and address circled.     

12.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form 53-55 does not show he was awarded the Combat Medical Badge or the Combat Infantryman Badge.

13.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the European-African-Middle-Eastern Theater Ribbon and the Good Conduct Medal.  Item 33 does not show award of the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of the MOS on his records from automotive equipment operator to company medic.

2.  The applicant’s witness statement is noted.  However, it is insufficient by itself to support the applicant’s claim.  Additionally, the Red Cross Identification Card carries two distinct numbers.  Even if this document was accepted as a proof, it does not show that the applicant served in combat with an Infantry unit as a company medic.  

3.  The evidence of record shows that the applicant held an automotive equipment operator MOS and that he was a member of the Army Air Corps.  There is no evidence to confirm his service as either an infantryman or combat medic with a qualifying infantry unit during WWII. 
4.  The applicant’s WD Form 372A confirms that the he was not receiving either combat infantry or medical badge pay at the time of his separation.  Additionally, Item 31 (Military Qualifications) of his WD AGO Form 53-55 contains the entry “None.”  Had the applicant been awarded the Combat Infantryman Badge or the Combat Medical Badge, an entry would have been made in Item 31-supporting the applicant’s claim. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__cd____  __cad___  __rdg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




							Carmen Duncan
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009225
SUFFIX

RECON

DATE BOARDED
20071030
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0500
2.

3.

4.

5.

6.