IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080016713
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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show all of his assigned units or locations and/or the battles in which he fought.
2. The applicant states, in effect, that his WD AGO Form 53-55 does not show his assignments to the 397th Field Artillery, 16th Armored Division, 97th Infantry Division, or the "1st Infantry of Army of Occupation." He also states that his participation in the liberation of Dachau and the Battle of the Bulge is not shown.
3. The applicant provides, in support of his application, copies of his WD AGO Form 53-55 and his WD AGO Form 100 (Separation Qualification Record).
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. According to the applicants WD AGO Form 53-55:
a. On 29 September 1943, the applicant was inducted into the Army of the United States. He entered active duty service on 20 October 1943. He was subsequently awarded military occupational specialty 345 (Light Truck Driver).
b. On 5 February 1945, the applicant departed the United States for service in the European Theater of Operations (ETO). He served in the ETO from
19 February 1945 to 18 March 1946 and arrived back in the United States on
26 March 1946.
c. On 31 March 1946, the applicant was honorably discharged. He had completed 2 years, 5 months, and 12 days of creditable active duty service.
d. The applicant's highest rank attained was Technician Fifth Grade.
e. The applicant's organization is shown as the 7th Field Artillery Battalion, 1st Infantry Division.
f. The applicant participated in the Central Europe campaign.
4. 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. Item 32 (Battles and Campaigns) of the WD AGO Form
53-55 was to show authorized campaigns.
5. The applicant's WD AGO Form 100 states that he served with Service Battery, 7th Field Artillery Battalion for 13 and 1/2 months in the ETO. He performed duties as a truck driver.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 does not show his units of assignment or the individual battles in which he participated.
2. According to the applicant's WD AGO Forms 53-55 and 100, he performed duties as a truck driver with Service Battery, 7th Field Artillery Battalion, 1st Infantry Division, while serving in the ETO. There is no available evidence of record to support the applicant's contention that he served with the 397th Field Artillery, 16th Armored Division, 97th Infantry Division, or the "1st Infantry of Army of Occupation." In any case, there are no provisions for recording all assignments on the WD AGO Form 53-55.
3. The applicant's WD AGO Form 53-55 shows that he participated only in the Central Europe campaign. Additionally, there are no provisions for recording individual battles or other combat events, such as the Battle of the Bulge and the liberation of Dachau on the separation document.
4. In view of the above, the applicant's request should be denied.
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 for correction of the records of the individual concerned.
_________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.
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