IN THE CASE OF:	  

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090013219 


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) to show his military occupational specialty (MOS) as a mechanic and driver.  He also indicates that his record should include as his uniform items the 1st Army patch, Gold Wreath and hash marks [known as overseas service bars].  His awards should include the Presidential Unit Citation and the Sharpshooter Marksmanship Qualification Badge.

2.  The applicant states that he was a full time mechanic and driver who operated jeeps, tanks, tank retrievers, halftracks, and semi-trucks.  He contends that he never worked in the warehouse.  He transported troops, carried messages and did maintenance.  He drove mainly for the 176th Ordnance Depot, 1st U.S. Army.

3.  The applicant provides, in support of his application, copies of his WD AGO Form 53-55, sketch of his missing uniform items and badges, and four photographs apparently taken during the war.

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 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:

   a.  in Item 6 (Organization) 176th Ordnance Depot Company;
   
   b.  in Item 7 (Date of Separation) 11 December 1945;
   
   c.  in Item 24 (Date of Entry into Active Duty) 2 April 1943;
   
   d.  in Item 30 (MOS and Number) Warehouseman 188;  
   
   e.  in Item 31 (Military Qualification and Date) the Driver and Mechanic Badge;

   f.  in Item 32 (Battles and Campaigns):  Normandy, Northern France, Ardennes, Rhineland and Central Europe;
   
   g.  in item 33 (Decorations and Citations):  the European-African-Middle Eastern Service Medal, Good Conduct Medal, Meritorious Unit Award, and the World War II Victory Medal.  It does not show award of the Presidential Unit Citation or Sharpshooter Marksmanship Qualification Badge.
   
   h.  in Item 36 (Service Outside Continental U.S. and Return):  The applicant arrived in the European Theater of Operations (ETO) on 20 November 1943 and departed the ETO on 18 November 1945.

4.  The applicant's WD AGO Form 100 (Separation Qualification Record) states that he served for a period of 3 months as a private in MOS 521 (Infantry Basic); and for a period of 30 months as a private first class in MOS 188 (Warehouseman).  The Summary of Military Occupations portion of this form indicates the applicant served with the 176th Ordnance Depot, 1st Army, in the ETO.  He worked inside and outside of the warehouse.  He handled paper work for ordnance equipment that he hauled to the warehouse and unloaded.  He also requisitioned and issued equipment and maintained tally sheets.

5.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the procedures for preparation of separation certificates and the enlisted record and report of separation.  It provided, in pertinent part, that Item 55 (Remarks) of the WD AGO Form 53-55 was to be used to complete the preceding items shown on the form, and to include specified entries required by Army directives.  It did not provide authorization for the entry of uniform items.

6.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 176th Ordnance Depot Company was awarded the Meritorious Unit Citation.  It does not show that this unit was awarded the Presidential Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show his MOS as a mechanic and driver; that his WD AGO Form 53-55 should include the 1st Army patch, Gold Wreath and hash marks; and that his awards should include the Presidential Unit Citation and the Sharpshooter Marksmanship Qualification Badge.  

2.  The available evidence shows that the applicant served in MOS 188 as a warehouseman for 30 months.  It is acknowledged that his WD AGO Form 53-55 shows he was awarded the Driver and Mechanic Badge; however, there is no available evidence of record showing that he was awarded the MOS of a driver or mechanic.

3.  There were no provisions authorizing the entry of uniform items such as unit insignias and hash marks on the WD AGO Form 53-55.

4.  There is also no available evidence showing the applicant's unit was awarded the Presidential Unit Citation or that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090013219



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ABCMR Record of Proceedings (cont)                                         AR20090013219



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