IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080018593
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 his unit shown in Item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show he was in the Battery D, 31st Coast Artillery Training Battalion instead of Battery B, 339th Field Artillery Battalion.
2. The applicant states, in effect, that the organization shown on his discharge document is incorrect and should be corrected to show that he served with Battery D, 31st Coast Artillery Training Battalion during World War II.
3. The applicant provides a copy of a personnel roster from Battery D, 31st Coast Artillery Training Battalion; a copy of a Christmas card; and a copy of an Army of the United States Honorable Discharge Certificate, dated 30 October 1945 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 applicant's military service 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. The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 10 October 1942 and entered active duty on 24 October 1942. He completed training and was awarded military occupational specialty (MOS) 1607 (Heavy Mortar Crewman). The applicant served in the European Theater of Operations during World War II from 9 March 1943 to 17 October 1945. On 30 October 1945, the applicant was honorably discharged from the Army after serving on active duty a total of 3 years and 6 days.
4. Item 6 of the applicant's WD AGO Form 53-55 shows that he was assigned to Battery B, 339th Field Artillery Battalion.
5 Item 33 (Decorations and Citations) shows that during his active duty tenure he earned the Army Good Conduct Medal and the European-African-Middle Eastern Campaign Medal with 1 silver star.
6. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. This regulation stated that the last unit or similar element to which an individual was assigned, rather than the element of which he was a part while moving to a separation activity, will be entered in Item 6 of the WD AGO Form 53-55.
DISCUSSION AND CONCLUSIONS:
1. The applicant 's contention that his separation document should show he that he was assigned to Battery D, 31st Coast Artillery Training Battalion was carefully considered; however, there is insufficient evidence to support this claim.
2. The applicant provided an undated personnel roster that shows he was assigned to Battery D, 31st Coast Artillery Training Battalion at some point during his active duty service. He also provided a Christmas card, dated 25 December
1942, embossed with the same unit, nearly three years prior to his date of discharge. However, the evidence shows he was also assigned to Battery B, 339th Field Artillery Battalion and this was his organization at the time of his discharge. The regulation in effect at the time of the applicant's discharge clearly states that Item 6 of the WD AGO Form 53-55 will show the last unit to which an individual was assigned. As a result, there is no error or injustice related to the Item 6 entry on the applicant's WD AGO Form 53-55.
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.
ABCMR Record of Proceedings (cont) AR20080018593
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ABCMR Record of Proceedings (cont) AR20080018593
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