IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009009 


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 reconsideration of his earlier request for correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was assigned to Company M, 75th Infantry Battalion, 290th Infantry Regiment [sic] (Company M, 290th Infantry Regiment,
75th Infantry Division).

2.  The applicant states that he is enclosing copies of several documents salvaged from the fire in St. Louis, MO that clearly show he was assigned to Company M, 290th Infantry Regiment, 75th Infantry Division, during his service in World War II.

3.  The applicant provides a copy of his undated WD AGO Form 0706 (Record of Award of the Combat Infantryman Badge); a copy of his WD AGO Form 53-55, dated 19 May 1947; a copy of an extract of an unknown military record showing appointments and promotions; and a copy of an extract of his military record showing prior service awards in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080011498, on 16 October 2008. 


2.  The applicant submitted a copy of his WD AGO Form 0706, a copy of an extract of a military record showing appointments and promotions, and a copy of an extract of a military record showing prior service awards, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  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.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 10 November 1943 and he entered active duty in Indianapolis, IN, on 1 December 1943.  This form shows he departed the continental United States (CONUS) on 22 October 1944 for Wales; however, no date of arrival is entered.

5.  The applicant’s WD AGO Form 53-55 shows he completed 11 months and 12 days of continental service and 1 year and 16 days of foreign service.  His WD AGO Form 53-55 for this period does not show his date of separation; however, item 40 of this WD AGO Form 53-55 contains the entry "Honorably discharged for the purpose of immediate enlistment in RA [Regular Army] AR [Army Regulation] 615-365 [Enlisted Personnel Discharge Convenience of Government] and WD Cir 310 dated 6 Oct 45."  Therefore, based on this entry it is apparent that the applicant was honorably discharged on 9 November 1945 for the purpose of immediate enlistment in the RA on 10 November 1945.  This WD AGO Form 53-55 also shows the following entries:

	a.  Item 6 (Organization) shows that at the time of his separation, he was assigned to Headquarters Detachment, 94th Military Police Battalion;

	b.  Item 7 (Date of Separation) is blank;

	c.  Item 30 (Military Occupational Specialty and No.) shows the entry Driver, 345;

	d.  Item 32 (Battles and Campaigns) shows he participated in the Ardennes and Rhineland campaigns during his service in World War II; and

	e.  Item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal, the Combat Infantryman Badge, and the European-African-Middle Eastern (EAME) Campaign Medal with two bronze service stars.

6.  The applicant’s records further show he entered into service in France on 10 November 1945.  This form also shows that at the time of the applicant's separation during this period, he held MOS 060 (Cook) and he was assigned to Company A, 381st Military Police Battalion. 

7.  The applicant’s WD AGO Form 53-55 during this period of service shows he departed his last overseas area on 29 November 1945 and he arrived in CONUS on 9 December 1945.  He then departed CONUS on 20 April 1946 and arrived in the European Theater of Operations (ETO) on 10 April 1946.  Further, he departed the ETO on 12 April 1947 and he arrived in CONUS on 22 April 1947.  He completed 5 months and 5 days of continental service and 1 year,
1 month, and 3 days of foreign service this period.  He was honorably discharged on 19 May 1947.

8.  Item 33 of this WD AGO Form 53-55 shows he was awarded the Army of Occupation Medal, World War II Victory Medal, and the Combat Infantryman Badge.

9.  On 16 October 2008, the ABCMR granted the applicant relief in the form of adding awards of the Bronze Star Medal and the American Campaign Medal to his WD AGO 53-55 for the period ending 9 November 1945 and the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55 for the period ending 19 May 1947.  However, the Board found insufficient evidence to correct his unit of assignment. 

10.  The applicant submitted several salvaged personnel service documents that show the following:

	a.  his WD AGO Form 0706 shows that Special Orders Number 75, issued by Headquarters, 290th Infantry, on 22 October 1945, awarded him the Combat Infantryman Badge; 

	b.  the record of assignment of his service record shows he was assigned to Company M, 290th Infantry, on 5 September 1944; Company A, 787th Military Police Battalion, on 21 April 1945; and Headquarters Detachment, 94th Military Police Battalion, on 26 July 1945; 

	c.  the record of prior awards shows that he was awarded the Army Good Conduct Medal per Special Orders Number 233, issued by Headquarters, 290th Infantry, on 15 November 1944; and

	d.  an insert to his service records shows he was awarded the Combat Infantryman Badge per paragraph 3 of Special Orders 75, Headquarters, 290th Infantry, on 22 October 1945 effective December 1944.

11.  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 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 first WD AGO Form 53-55 should be corrected to show his unit of assignment as Company M, 290th Infantry Regiment, 75th Infantry Division.

2.  The evidence of record shows that at the time of his discharge for the purpose of enlistment in the RA, the applicant was assigned to the 94th Military Police Battalion, which is correctly shown on his WD AGO Form 53-55.  However, he was previously assigned to Company M, 290th Infantry, 75th Infantry Division, on 5 September 1944 and it appears that he served with this unit during WWII as he was awarded the Combat Infantryman Badge and the Army Good Conduct Medal while assigned to the 290th Infantry.  Therefore, although his unit of assignment is correctly shown on his WD AGO Form 53-55 as the 94th Military Police Battalion, there is no harm to the Army or the applicant if this form is corrected to show he was assigned to the 290th Infantry and his WD AGO Form 53-55 for the period, in effect, ending on 9 November 1945 should be corrected to show this unit.

3.  The evidence of record also shows that the applicant's date of discharge was not listed on this WD AGO Form 53-55.  Since he was discharged from the AUS for the purpose of enlistment in the RA, and since he enlisted in the RA on
10 November 1945, he must have been discharged on 9 November 1945.  Therefore, his first WD AGO Form 53-55 should also be corrected to show the date of separation in item 7 as 9 November 1945. 


BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR set forth in Docket Number AR20080011498, on 16 October 2008 by.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 6 of his WD AGO Form 53-55 for the period, in effect, ending on 9 November 1945 the entry "Hq Det 94th MP Bn" and replacing it with the entry "Company M, 290th Infantry, 75th Infantry Division"; and

   b.  adding to item 7 of his WD AGO Form 53-55 for the period, in effect, ending on 9 November 1945 the entry "9 November 1945."



      __________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)                                         AR20090009009



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ABCMR Record of Proceedings (cont)                                         AR20090009009



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