IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020521
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 Battery A, 318th Field Artillery Battalion.
2. The applicant states he was in Headquarters Battery for 6 or 7 months early in his service and that he was proud to be in "A" Battery.
3. The applicant provides his WD AGO 53-55 and his Honorable Discharge.
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 on 20 November 1942 and entered active service on 27 November 1942. He was awarded the military occupational specialty (MOS) of 264 (truck driver heavy). The highest rank/grade he held during his tenure of service was corporal.
4. The applicants WD AGO Form 53-55 shows he was honorably discharged on 2 February 1946 due to demobilization. This document shows in item 6 (Organization) the applicant's last organization of assignment was Headquarters Battery, 318th Field Artillery Battalion.
5. The applicant's Honorable Discharge shows his unit as Headquarters Battery, 318th Field Artillery Battalion.
6. 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:
While the applicant contends he was proud to be in "A" Battery, there is no available evidence and he has provided none to show his last unit of assignment was Battery A. As he stated, he was assigned to "A" Battery early in his service. Regulatory policy prescribed the entry of the last unit of assignment in item 6 of the WD AGO Form 53-55.
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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