IN THE CASE OF:	  

		BOARD DATE:	  18 September 2008

		DOCKET NUMBER:  AR20080009124 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request for correction to item 30 (Military Occupational Specialty and Number [MOS]), of his WD AGO Form 53-55 (Honorable Discharge), to show his correct MOS as "Light Weapons NCO 1812" instead of the entry "Heavy Mortar Crewman 1607."

2.  The applicant states, in effect, that he would like to appeal the findings of the conclusions in paragraph 7, page 6, of Docket Number AR20080000695, in not awarding the MOS for Light Weapons Platoon Sergeant (NCO).

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000695, on 29 April 2008.

2.  The Board concluded that based on the available documentation it was not possible to determine what or when the applicant was officially awarded his MOS.  Therefore correction of the record to show his MOS as a Light Weapons Platoon Sergeant was not appropriate.


3.  The applicant's new argument is that his WD AGO Form 100, dated 17 June 1945, shows he was assigned to Company L, 359th Infantry Battalion, 90th Infantry Division.  To the best of his knowledge, there was no Heavy Mortar Platoon in this company.  Contrary to the Summary of Military Occupational and Civilian Conversions, Principle Duty, and Army Code Number, he served in the Light Weapons Platoon as the Platoon Sergeant when assigned to Company L. The listing on the above mentioned document was incorrect for the Principal Duty and as such he is requesting an appeal of this error and correction to reflect his duties as the Platoon Sergeant for the Light Weapons Platoon.  He states that when he was awarded the Silver Star for valor, he was assigned to the Light Mortars Section in the Light Weapons Platoon.  

4.  In addition, the second time that he was wounded and received the Purple Heart, he was performing duties as the Platoon Sergeant of the Light Weapons Platoon, Company L, 359th Infantry Battalion, 90th Infantry Division.  He requested to be returned to his unit and was reunited with the Commander of Company L.  He states that there should be enough evidence of record to substantiate when and where he received his Silver Star and his second Purple Heart and support his appeal for correction of his records to reflect his actual duties and position as the Platoon Sergeant of the Light Weapons Platoon.  Further, he had not been in a Heavy Mortar Platoon while he was assigned to Company L.  He would also like to point out, that the Heavy Mortar Platoons were always to the rear of where he and the Company were.  His combat time was on the frontlines and should support his request for correction of this appeal.

5.  The applicant's WD AGO Form 53-55 shows his Arm or Service, in item 4, as infantry, and his organization, in item 6, as Company L, 359th Infantry Regiment. His military occupational specialty, in item 30, is "Heavy Mortar Crewman 1607." 

6.  The applicant’s WD AGO Form 100 (Separation Qualification Record), Military Specialties section, shows that he served 2 years as a Heavy Mortar Crewman in MOS 1607 during World War II.

7.  The applicant's WD AGO Form 100, Summary of Military Occupation and Civilian Conversions section indicates that he was a Heavy Mortar Crewman.  It states that he was the platoon sergeant in charge of 40 men in a weapons platoon.  He supervised the loading, arming, and firing of 60 MM Mortar guns,   two 30 caliber machine guns, and was responsible for the tactical employment of these weapons. 



8.  Technical Manual 12-235, in effect at the time of the applicant's separation, which provided policy and guidance in the preparation of separation forms and documents, states that, in Item 30, the MOS will be the same as the MOS entered on the WD AGO Form 100, if executed; otherwise from the WD AGO Form 20.  The number will follow the title.  It also states that item 55 (Remarks) is used for entries required by War Department Directives for which a separate block is not available, for completing entries that are too long for their blocks, and as a continuation for entries indicated on the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's new argument was considered by the Board.  

2.  The applicant contends that to the best of his knowledge there was no Heavy Mortar Platoon in this company and contrary to his records, he served in a Light Weapons Platoon as the Platoon Sergeant while assigned to Company L.  His principle duty was listed incorrectly on his WD AGO Form 100, and in effect, should be corrected to show his duties as the Platoon Sergeant for the Light Weapons Platoon.  The applicant is advised that the WD AGO Form 100 is no longer maintained after a Soldier’s separation and therefore changes to this form are not made.  

3.  The applicant claims that when he was awarded the Silver Star for valor, he was assigned to the Light Mortar Section, in the Light Weapons Platoon.  He also claims that when he was awarded the Purple Heart, he was performing the duties as the Platoon Sergeant of the Light Weapons Platoon, Company L, 359th Infantry Battalion, 90th Infantry Division.  The applicant has provided no evidence, and there is none in the available records, to contravene and support  a change to his records which were created at the time of his service in World War II.  

4.  The applicant's WD AGO Form 53-55 shows that he was serving as a Heavy Mortar Crewman, in MOS 1607, in an infantry unit, at the end of his service during World War II.  

5.  The applicant's WD AGO Form 100 listed his military duties as a Heavy Mortar Crewman, in MOS 1607, during his last 2 years of service, during World War II.  By regulation, the applicant's MOS of 1607, Heavy Mortar Crewman, 
was the same MOS, and the last MOS, entered on his WD AGO Form 100.   Therefore, there is an insufficient basis to change item 30, of his WD AGO Form 53-55.  The entry currently shown is correct as constituted. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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 to amend the decision of the ABCMR set forth in Docket Number AR20080000695, dated 29 April 2008.



      ________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. 

ABCMR Record of Proceedings (cont)                                         AR20080009124



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ABCMR Record of Proceedings (cont)                                         AR20080009124



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