IN THE CASE OF: .
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090006022
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 that block 6 of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be changed to reflect the 726th Ordnance Company instead of the 716th Ordnance Company.
2. The applicant states that he served with the 726th Ordnance Company of the 26th Infantry Division; however, his WD AGO Form 53-55 incorrectly reflects that he served with the 716th Ordnance Company.
3. The applicant provides a copy of his WD AGO Form 53-55, a copy of a citation for award of the Bronze Star Medal (BSM) while serving with the 726th Ordnance Light Maintenance Company, and a copy of a letter awarding the 726th Ordnance Light Maintenance Company a Meritorious Service Unit Plaque.
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 applicants 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 applicants 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 was born on 9 May 1920 and was inducted into the Army of the United States at Fort Des Moines, Iowa, on 14 November 1941. He completed his training and on 27 August 1944 he departed for the European theater of operations (ETO). He participated in the Northern France, Ardennes, Rhineland, and Central Europe Campaigns.
4. He departed the ETO on 31 October 1945 and was transferred to Camp Grant, Illinois, where he was honorably discharged in the rank of master sergeant on 14 November 1945. His WD AGO Form 53-55 reflects in block 6 that he was assigned to the 716th Ordnance Company.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) reflects that the 726th Ordnance Company was a unit that participated in World War II. However, there is no listing for the 716th Ordnance Company.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he served with the 726th Ordnance Company and that his WD AGO Form 53-55 should be corrected to reflect that unit has been noted and found to have merit.
2. Since there was no such unit as the 716th Ordnance Company at the time, it must be presumed that the entry of the 716th Ordnance Company reflected on his WD AGO Form 53-55 was simply an administrative error and it should be corrected at this time.
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 showing in block 6 of his WD AGO Form 53-55 that his organization was the 726th Ordnance Company instead of the 716th Ordnance Company that is currently reflected on that form.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20090006022
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ABCMR Record of Proceedings (cont) AR20090006022
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