IN THE CASE OF:	 

		BOARD DATE:	     28 MAY 2009

		DOCKET NUMBER:  AR20090003169 


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 his deceased father's, a former service member, WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his organization as the 7th Field Artillery instead of the 701st Ordnance.

2.  The applicant states that prior to and during World War II (WWII), the FSM's record indicated he was assigned to the 7th Field Artillery.  He adds that the 701st Ordnance was created in the middle part of WWII, after the North Africa/Sicily campaigns and that this unit was mostly trucks/vehicles, small arms, and a maintenance and/or repair unit.  

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55, dated 13 August 1945; a copy of a copy of the FSM's certificate of death, dated 14 November 1991; a copy of his birth certificate, dated 22 November 1946; a copy of the FSM's undated Enlisted Record; a copy of the FSM's second Enlisted Record, dated 3 January 1940; a copy of the FSM's WD AGO Form 185 (Honorable Discharge from the Regular Army Reserve) Certificate, dated 4 October 1940; a copy of the FSM's WD AGO Form 55 (Honorable Discharge from the Army of the United States) Certificate, dated 15 June 1940; a copy of the FSM's Certificate of Proficiency, dated 29 March 1941; and a copy of the FSM's Honorable Discharge Certificate, dated 13 August 1948, in support of his request.




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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM’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 FSM’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 FSM’s records show he enlisted in the Regular Army Reserve for a period of 3 years in Albany, NY, on 16 June 1937.  He was subsequently assigned to Battery E, 7th Field Artillery.  He was honorably discharged in the rank/grade of private first class on 15 June 1940.

4.  The FSM's records also show he enlisted in the Regular Army Reserve at Fort Ethan Allen, VT, on 15 June 1940.  However, he was honorably discharged on 4 October 1940 for the purpose of reenlistment in the Regular Amy.

5.  The FSM's WD AGO Form 53-55 shows he enlisted in the Regular Army and entered active duty service in Albany, NY, on 4 October 1940.  This form also shows that at the time of his separation, the FSM held military occupational specialty (MOS) 913 (Artillery Mechanic) and was assigned to the 701st Ordnance Light Maintenance Company, 1st Infantry Division.

6.  The FSM’s WD AGO Form 53-55 also shows he completed 1 year, 10 months, and 3 days of continental service and 3 years and 9 months of foreign-service.  He was honorably separated on 13 August 1945.



7.  Item 32 (Battles and Campaigns) of the FSM’s AGO Form 53-55 shows he participated in the Algeria-French Morocco, Ardennes, Central Europe, Normandy, Northern France, Rhineland, Sicily, and Tunisia campaigns during his service in WWII.

8.  The FSM's WD AGO Form 100 (Army Separation Qualification Record), dated 13 August 1945, provides a summary of the FSM's duties during this period.  It states, in pertinent part that he inspected, tested and repaired light field artillery weapons by unit replacement or complete rebuilding of the weapon; determined the cause of malfunction and repaired or replaced broken or defective part; worked in both a mobile field shop and unit base shops.

9.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55, Organization, be completed as follows:  “Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his deceased father's WD AGO Form 53-55 should be corrected to show he was assigned to the 7th Field Artillery vice the 701st Ordnance. 

2.  The evidence of record shows that the FSM was trained as a Field Artillery mechanic and was assigned to the 7th Field Artillery, at least from 16 June 1937 (the date he enlisted in the Regular Army Reserve) to 4 October 1940 (the date he enlisted in the Regular Army).  However, there is no indication in his records that the 7th Field Artillery was his unit of assignment or most significant unit of assignment during his service in WWII.

3.  The FSM's campaign participation credit listed in item 32 of his WD AGO Form 53-55 is consistent with both the 701st Ordnance Light Maintenance Company and the 7th Field Artillery campaign participation credit as listed in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register).  Nevertheless, the FSM's WD AGO 100 which provided a summary of the FSM's daily duties during the period covered by the WD AGO Form 53-5 strongly suggest that the FSM was assigned to the 701st Ordnance Light Maintenance Company during most if not all his Regular Army service from 4 October 1940 to 13 August 1945.  In view of the foregoing, there is insufficient evidence to correct the FSM's WD AGO Form 53-55 in this case.
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.




      _______ _   _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)                                         AR20090003169





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ABCMR Record of Proceedings (cont)                                         AR20090003169



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