IN THE CASE OF:	  

		BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090004084 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) by changing the following entries:

	a.  on the face of the form from "Private" to "Technician Fourth Grade" and in Item 3 (Grade) from "Pvt" (private/grade 7) to "Tec 4" to show the highest rank he achieved during his period of service was technician fourth grade/grade 4;

	b.  in Item 4 (Arm of Service) from "Inf" (Infantry) to "Med/Inf" (Medical/ Infantry) to show he served in both medical service and infantry arm units;

	c.  on the face of the form by adding "Regimental Combat Team" below the entry "Company E 442nd Infantry";

	d.  in Item 6 (Organization) from "Co E 442nd Infantry" to "Co E 442nd Infantry Regimental Combat Team";

	e.  in Item 16 (Weight) from "101" to "131" to show he weighed 131 pounds at the time of his discharge; and 

	f.  in Item 21 (Civilian Occupation and No. [Number]) from "Chicken Sexer" to "Student" to show he was a student at the time of his induction.


2.  The applicant states, in effect, that he was a student at Los Angeles City College (LACC) in the Fall/Winter semester when he was drafted into the Army on 20 January 1942.  He adds that after his discharge from service on 28 October 1945, he continued his studies at LACC and graduated in 1947, as shown on the diploma he provides.  The applicant acknowledges the fact that he held the rank of private at the time of his discharge, but desires to have his WD AGO 53-55 show the highest grade he achieved, if that is what should be shown on the form.  The applicant concludes that he plans to be buried in Arlington National Cemetery and wants his Army records to be correct and complete.

3.  The applicant provides a copy of his WD AGO Form 53-55, a college gradua-tion certificate, a promotion order, Morning Report extracts, and Company Pay Roll extracts as additional documentary evidence 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 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 applicant's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55 and extracts from Morning Reports and Pay Roll documents obtained from the National Personnel Records Center located in St. Louis, Missouri, and provided by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 20 January 1942.  He was honorably discharged on 20 October 1945, after completing a total of 3 years, 9 months, and 9 days of active military service.

4.  Headquarters, 1613th Service Unit, Camp Grant, Illinois, Special Orders Number 10, dated 28 April 1943, show the applicant was promoted to the rank of technician fourth grade (T/4).

5.  The Morning Report for the Medical Company of the 1623rd Service Unit (Medical Department), Camp Grant, Illinois, dated 29 November 1943, shows the applicant was reduced from the rank of T/4 to Pvt and transferred to the 442nd Combat Team, Camp Shelby, Mississippi.

6.  The Morning Report for Company E of the 442nd Infantry (Infantry Arm), dated 2 December 1943, shows the applicant was assigned and joined in the rank of Pvt from Camp Grant, Illinois, as of 1 December 1943.

7.  Item 13 on page 10 of an extract from the Medical Company of the 1623rd Service Unit's monthly Pay Roll for November 1943 shows the applicant was paid as a T/4.  Item 7 on page 40 of the same document shows the applicant was reduced from the rank of T/4 and transferred in the rank of Pvt to the 442nd Combat Team, Camp Shelby, Mississippi, per paragraph 36 of Headquarters, 1613th Service Unit, Camp Grant, Illinois, Special Orders Number 222. 

8.  The face of the WD AGO Form 53-55 issued to the applicant on the date of his separation shows he held the rank of "Private" and "Company E 442nd Infantry" was the last unit to which he was assigned.

9.  The reverse side of the WD AGO Form 53-55 issued to the applicant on the date of his separation contains the following entries, in pertinent part:

	a.  in Item 3, "Pvt";

	b.  in Item 4, "Inf";

	c.  in Item 6, "Co E 442nd Infantry";

	d.  in Item 16, "101"; and

	e.  in Item 21, "Chicken Sexer."

10.  The applicant provides a diploma from LACC which shows the degree of Associate in Arts was conferred upon him on 20 June 1947.


11.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time of the applicant's separation, provided the procedures to be followed in the separation of enlisted personnel from active service and described the proper method of execution and disposition of the various forms, records, and reports required.  In pertinent part, this manual stipulated that the WD AGO Form 53-55 was to be completed based upon interviewing the Soldier and referring to all available records regarding the period of service to be covered by the form.  The Technical Manual provided that:

	a.  the grade in which the Soldier was serving at the time of separation would be entered in Item 3;

	b.  the arm or service of the last tactical or administrative and tactical unit to which a Soldier was assigned would be entered in Item 4;

	c.  the last tactical or administrative and tactical unit to which a Soldier was assigned would be entered in Item 6.  The designation of the organization would be precisely as indicated on page 5 of the Service Record;

	d.  the separating Soldier's weight would be obtained from their Service Record and entered in Item 16; and

	e.  the Soldier's main civilian occupation would be obtained from the WD AGO Form 100 (Army Separation Qualification Record), if available, or from Item 13 of the WD AGO Form 20 (Soldier's Qualification Card) if the WD AGO Form 100 is not executed, and entered in Item 16.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show:

	a.  the highest rank he achieved during his period of service was technician fourth grade/grade 4;

	b.  that he served in both the medical service and the infantry arm;

	c.  that his last unit of assignment was "Company E 442nd Infantry Regimental Combat Team";

	d.  that he weighed 131 pounds at the time of his discharge; and 

	e.  that he was a student at the time of his induction.
2.  Evidence of record shows and the applicant acknowledges that he was reduced in rank from T/4 to Pvt and that he held the rank of Pvt at the time of his discharge.  Evidence shows the rank and grade portions of the applicant's WD AGO Form 53-55 were properly constituted in accordance with policy in effect at the time of his separation.  Therefore, the applicant is not entitled to have his WD AGO Form 53-55 changed as it pertains to his rank or grade.

3.  Although evidence shows the applicant served in both medical service and infantry arm units, contemporaneous policy provided that the arm or service of the last tactical or administrative and tactical unit to which a Soldier was assigned would be entered in Item 4.  Evidence of record shows that the applicant's last unit of assignment was Company E, 442nd Infantry (Infantry Arm).  Therefore, Item 4 of his WD AGO Form 53-55 was properly constituted at the time of his separation. 

4.  Although evidence shows the applicant was transferred to the 442d Combat Team, it also shows that his last unit to which he was assigned and joined was Company E, 442nd Infantry.  Contemporaneous policy provided that the arm or service of the last tactical or administrative and tactical unit to which a Soldier was assigned would be entered in Item 6.

5.  Although the applicant contends that he weighed 131 pounds at the time of his discharge, there is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he did not weigh 101 pounds at the time of his separation.  Therefore, he is not entitled to have his weight changed on his WD AGO Form 53-55.

6.  Although the applicant contends that he was a student at the time of his induction, the diploma that he provides fails to corroborate his claim in that it was dated nearly two years after the applicant's separation and it does not show the applicant's years of attendance.  Additionally, the diploma shows the applicant received an Associate's degree, which could have been be earned during the period following his separation.  Furthermore, contemporaneous policy provided that the Soldier's main civilian occupation would be obtained from the WD AGO Form 100, which is not available for review.  In the absence of evidence to the contrary, Government regularity insofar as the completion of the form must be presumed.

7.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.


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)                                         AR20090004084





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ABCMR Record of Proceedings (cont)                                         AR20090004084



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