IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080010389
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, that item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show that he was assigned to Headquarters Battery, 194th Field Artillery Battalion.
2. The applicant essentially states that he was with the 194th Field Artillery Battalion during World War II, not the 649th Medical Clearing Company as shown on his WD AGO Form 53-55.
3. The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate; a Privacy Act release form, dated 20 May 2008; a letter, dated
2 November 2006, from the National Personnel Records Center; and a payroll document for the month of December 1943 for Headquarters Battery, 194th Field Artillery Battalion in support of this 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 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 majority of the applicants 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 majority of the applicant's records were lost or destroyed in that fire. However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.
3. The available records show that the applicant was inducted into the Army of the United States on 20 March 1943 and entered active duty on 27 March 1943. He departed the continental United States on 21 August 1943 and participated in the Naples-Foggia, Rome-Arno, Northern Apennines, Rhineland, and Central Europe campaigns during World War II. He returned to the continental United States on 14 November 1945 and on 22 November 1945, he was honorably separated.
4. Item 6 of the applicant's WD AGO Form 53-55 essentially shows that he was assigned to the 649th Medical Clearing Company. However, the applicant provided a payroll document for the month of December 1943 for Headquarters Battery, 194th Field Artillery Battalion, which essentially shows that he was assigned to this unit during World War II.
5. In a Privacy Act release form, dated 20 May 2008, the applicant essentially stated that he was originally with the 194th Field Artillery Battalion, but that once they were stationed temporarily close to their homes, he and some other Soldiers got permission from their lieutenant to go home for a few days because their unit would be there for 2 weeks. He also stated that they came back 3 days later after he had seen his family, and was told that his unit was discharged already, and that he should go with the next unit going out, which was the 649th Medical Clearing Company.
6. Paragraph 6 of Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect, at the time, stated that the last unit, or similar element to which assigned will be entered on the WD AGO Form 53-55 rather than the element of which he was a part while moving to a separation activity.
DISCUSSION AND CONCLUSIONS:
The evidence provided by the applicant was carefully considered, and was found to have merit. The applicant was clearly assigned to Headquarters Battery, 194th Field Artillery Battalion during his overseas service in World War II. As a result, it would be appropriate at this time to correct item 6 of his WD AGO Form 53-55 to show that he was assigned to Headquarters Battery, 194th Field Artillery Battalion.
BOARD VOTE:
___X_____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 item 6 of his WD AGO Form 53-55 to show that he was assigned to Headquarters Battery, 194th Field Artillery Battalion.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his honorable service in arms.
________XXX______________
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) AR20080010389
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