BOARD DATE: February 18, 2010
DOCKET NUMBER: AR20090013527
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 he was assigned to Company B, 37th Engineer Combat Battalion.
2. The applicant states that he served the majority of his time with Company B, 37th Engineer Combat Battalion, but it does not show this on his discharge papers. He further states that he was only with the 274th Infantry in occupied Germany for a few short months.
3. The applicant provides, in support of his application, a copy of his WD AGO Form 53-55 for the period ending 17 October 1945; a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated
23 April 2009; a self-authored listing of some of the areas he was assigned between 1943 and 1945; and an extract of three Company B, 37th Engineer Combat Battalion morning reports, dated 6, 7, and 17 June 1944, that includes his name.
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 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 (NPRC) 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 military records show he was inducted into the Army of the United States and entered active service on 2 February 1943. He was awarded military occupational specialty (MOS) 242 (tool room keeper). The highest rank/grade he held during his tenure of service was Tec 5/Grade 5.
4. The applicants WD AGO Form 53-55 shows that he served in the Central Europe, Normandy, and Rhineland campaigns and he was honorably discharged on 17 October 1945 due to demobilization. This document shows in item 6 (Organization) the applicant's last organization of assignment was Company G, 274th Infantry Regiment.
5. The morning report extracts dated 1944 provided by the applicant indicate he was assigned to Co B, 37th Engineer Combat Battalion at that time.
6. The applicant's assignments listing indicates he was assigned to Company B, 37th Engineer Combat Battalion from about 18 March 1943 to July 1945 and to Company G, 274th Infantry Regiment from 23 July to about 3 October 1945.
7. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24, that for item 6 of the WD AGO Form 53-55, 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. While it is evident the applicant served in Company B, 37th Engineer Combat Battalion, regulatory policy prescribes the entry of the last unit of assignment in item 6 of the WD AGO Form 53-55. Since the applicant was assigned to Company G, 274th Infantry Regiment for over 2 months, it is evident that the assignment was not for the purpose of transfer to the United States. As such, the organization entered on the applicant's WD AGO Form 53-55 is correct as constituted.
2. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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.
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