BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20090020856
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 item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show 406th Infantry, 102nd Infantry Division instead of "AT CO 302nd INF."
2. The applicant states, in effect, the organization shown on his WD AGO Form 53-55 is incorrect.
3. The applicant provides:
* a list of evidence he submitted with his application
* a self-authored letter, dated 12 November 2009, explaining how the error on his WD AGO Form 53-55 may have occurred and providing details of his service
* his WD AGO Form 53-55
* a letter from the National Personnel Records Center (NPRC), dated
19 October 2009
* a roster of Service Company, 406th Infantry
* photographs of himself and his truck
* copies of a Seattle 102nd Golden Anniversary Reunion name card and a Life Membership 102nd Infantry Division Association Card
* an Ozarks Newsletter, dated October 2009
* a newspaper article entitled "Remembering those who served in the Bulge"
*
a newspaper article entitled "Salute to Veterans" which includes himself
* a World War II Honoree Recognition Certificate
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 NPRC in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using the documents submitted by the applicant.
3. The applicant was inducted into the Army of the United States on
17 November 1942 and entered active service on 24 November 1942. He completed training and he was transferred to the European Theater of Operations (ETO) on 12 September 1944.
4. The applicant returned to the continental United States on 1 February 1946 and he was honorably discharged on 7 February 1946 by reason of for the Convenience of the Government (Demobilization).
5. Item 6 of his WD AGO Form 53-55 shows the organization in which he served as the AT [Anti-Tank] Company, 302nd Infantry.
6. The applicant submits a roster of Service Company, 406th Infantry, which includes his name. The Ozarks Newsletter he submits is from the 102nd Infantry Division Association and it was mailed to him at his home address. The newspaper article he submits states he served with the 102nd Division (Ozarks) during World War II.
7. In his self-authored letter dated 12 November 2009, he explains that he served with the 406th Infantry, 102nd Ozark Infantry Division and that he never served with the Anti-Tank Company, 302nd Infantry. He states the error on his WD AGO Form 53-55 may have occurred because when he shipped home from Germany, he did not return with the 102nd Infantry, but he returned with the 302nd Anti-Tank Division. Additionally, the Life Membership Card he submits shows he is a lifetime member of the 102nd Infantry Division Association.
DISCUSSION AND CONCLUSIONS:
1. Based on the documentation submitted by the applicant it is reasonable to conclude that the organization shown on his WD AGO Form 53-55 is incorrect.
2. He has submitted sufficient evidence to show that he served in the Army in the 406th Infantry, 102nd Infantry Division Association. Therefore, his WD AGO Form 53-55 should be amended to reflect this information.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 6 of his WD AGO Form 53-55 the entry "AT CO 302ND INF" and replacing it with the entry "406th INF, 102nd Infantry Division (Ozark)."
__________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) AR20090020856
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ABCMR Record of Proceedings (cont) AR20090020856
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