RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 February 2008
DOCKET NUMBER: AR20070014526
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr, Richard T. Dunbar
Chairperson
Ms. Marla J. N. Troup
Member
Mr. David R. Gallager
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, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show that he served as a truck driver in the European Theater of Operations.
2. The applicant states that his WD AGO Form 53-55 shows his last unit as the 111th Medical Battalion. He contends that he never served with this unit, but was shipped home on a hospital ship. He further states that he was assigned with the 3883rd Quartermaster Truck Company. Later he was in Marseilles, France driving truck when he was hospitalized with tonsillitis.
3. The applicant provides a copy of his WD AGO Form 53-55.
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 applicants 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 applicants 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 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.
3. On 16 August 1943, the applicant was inducted into the Army of the United States. He was deployed to the European Theater of Operation on 29 February 1944.
4. Medical records show that on 10 May 1945, the applicant was hospitalized with tonsillitis. The medical record further shows his duty assignment at the time was with the 3883rd Quartermaster Truck Company.
5. The applicants Separation Qualification Record (WD AGO Form 100) shows that he performed duty as a light truck driver and served overseas for 22 months with the 3633rd Driver Detachment [DA Pamphlet 672-1 shows this unit as the 3633rd Quartermaster Truck Company] in the European Theater of Operations.
6. Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided, in pertinent part, that Item 6 (Organization) of the WD AGO Form 53-55 was to show the last unit, or similar element to which the Soldier was assigned, rather than the element of which the Soldier was a part of while moving to a separation activity. Assignments to units for the purpose of transferring from the theater to the United States were considered part of the movement to a separation activity.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows that the applicant served in the European Theater of Operations as a truck driver with both the 3883rd and the 3633rd Quartermaster Truck Companies. The only evidence showing that he was assigned to the 111th Medical Battalion is his WD AGO Form 53-55 issued at the time of his discharge.
2. The applicant states that he returned to the United States on a hospital ship. Therefore, it is reasonable to presume that the organization listed on his WD AGO Form 53-55 is the unit that brought him home.
3. In view of the above, the applicants records should be corrected to show his last unit of assignment as the 3633rd Quartermaster Truck Company.
BOARD VOTE:
_ RTD __ __DRG__ __MJNT _ 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 showing in Item 6 (Organization) of his WD AGO Form 53-55 the 3633rd Quartermaster Truck Company.
__ Richard T. Dunbar __
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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