IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090013508
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) and Honorable Discharge Certificate to show his organization as Company F, 272nd Infantry Regiment, 69th Infantry Division, instead of Company B, 115th Infantry Regiment, 29th Infantry Division.
2. The applicant states that he would like his Discharge Certificate to show his service with his combat unit, Company F, 272nd Infantry Regiment, 69th Infantry Division.
3. The applicant did not provide any additional documentary evidence 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 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's WD AGO Form 53-55 records show he was inducted into the Army of the United States on 8 February 1943 and entered active duty in Erie, PA, on 15 February 1943. This form also shows that at the time of his separation, the applicant held military occupational specialty 745 (Infantry Platoon Sergeant)
4. The applicants WD AGO Form 53-55 also shows he served in the European-African-Middle eastern Theater of Operations from 26 November 1944 to
3 January 1946. He completed 1 year, 9 months, and 4 days of continental service and 1 year, 2 months, and 2 days of foreign-service.
5. Item 32 (Battles and Campaigns) of the FSMs AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns during his service in World War II (WWII).
6. The applicant's WD AGO Form 53-55 shows he was honorably separated on 20 January 1946. Item 6 (Organization) of this form shows at the time of his separation, the applicant was assigned to Company B, 115th Infantry Regiment, 29th Infantry Division.
7. On 20 January 1946, the applicant was also issued an Honorable Discharge Certificate that shows he was honorably discharged in the rank of staff sergeant and that he was assigned to Company B, 115th Infantry Regiment, 29th Infantry Division.
8. 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 evidence of record shows that at the time of his separation, the applicant's WD AGO Form 53-55 listed his unit of assignment as Company B, 115th Infantry Regiment, 29th Infantry Division. There is no documentary evidence in the applicant's reconstructed records and the applicant has provided none that shows Company F, 272nd Infantry Regiment, 69th Infantry Division was his last unit of assignment during his service in WWII.
2. In the absence of documentary evidence to the contrary, it is presumed that the entry on his WD AGO Form 53-55 is correct. In view of the foregoing, there is insufficient evidence to correct the applicant's WD AGO Form 53-55 at this time.
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) AR20090013508
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ABCMR Record of Proceedings (cont) AR20090013508
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