IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090021044 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 20 June 1947 be corrected to show in:

* item 6 (Organization) - 11th Airborne Division
* item 10 (Date of Birth) - 2 January 1928 instead of 2 January 1927
* item 11 (Place of Birth) - Milaukee, Oregon instead of Milwaukee, Wis (Wisconsin)
* item 28 (County and State) - Milaukee, Oregon instead of Multnomah Wash (Washington)
* item 42 (Education) - 10 years in grade school instead of 8 years in grammar and 2 1/2 high school

2.  He also requests any compensation for these errors if he is entitled.

3.  The applicant states he was in the 11th Airborne Division, not the 511th Parachute Infantry Regiment.  He states he would like to have these errors rectified for his son so it will be correct on his discharge.

4.  The applicant provides copies of:

* his WD AGO Form 53-55 and Honorable Discharge Certificate
* a certificate awarded to him by the 11th Airborne Division
* his Order to Report Pre-induction (for) Physical Examination
* his White House Certificate for appreciation of service during World War II
* a check issued by the United States Treasury
* three documents concerning his business with the Department of Veterans Affairs (VA)
* a letter, dated 20 July 2009, from TRIMET (acronym unknown)
* his handicap tag

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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center, St. Louis, MO in 1973.  The only records available to the Board are the records provided by the applicant.  The primary military personnel record available to this Board is his WD AGO Form 53-55.     

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 March 1946 and entered active duty on the same day.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty Truck Driver Light (345).

4.  The applicant arrived in the Pacific Theater of Operations on 16 August 1946 and returned to the U.S. on 20 May 1947.

5.  On 20 June 1947, the applicant was discharged.  He had completed 1 year, 3 months, and 2 days of active service that was characterized as honorable.  His WD AGO Form 53-55 contains the following entries in:

* item 6 - CO B 511TH PRCHT INF REGT (Company B, 511th Parachute Infantry Regiment)
* item 9 (Permanent Address for Mailing Purposes) - shows an address in Portland, OR
* item 10 - 2 January 1927
* item 11 - Milwaukee, Wis 
* item 28 (County and State) - Multnomah Wash
* item 29 (Home Address at Time of Entry into Service) - See (item) 9
* item 42 (Education) - 8 years in grammar and 2 1/2 high school

6.  The 511th Parachute Infantry Regiment was a Parachute Infantry unit of the U.S. Army first activated during World War II.  It formed the parachute infantry element of the 11th Airborne Division.  (en.wikipedia.org)

7.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provided 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.”

8.  A listing of counties in the state of Washington does not show Multnomah County as being in the state of Washington.

9.  A listing of counties in the state of Oregon shows Multnomah County as being in the state of Oregon and the city of Portland, OR, being within that county.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 6, 10, 11, 28, and 42 of his WD AGO Form 
53-55 are in error.

2.  The applicant's unit, Company B, 511th Parachute Infantry Regiment was the parachute infantry element of the 11th Airborne Division.  Therefore, it would be appropriate to amend item 6 of his WD AGO Form 53-55 to include the 11th Airborne Division.

3.  The applicant's address when he entered the service was in Portland, OR, and Portland is located in Multnomah County.  There is no Multnomah County in the state of Washington.  Therefore, it is reasonable to assume the entry in 
item 28 of the applicant's WD AGO Form 53-55 is in error.  Based his address being in Portland, OR and that city being in Multnomah County, it is reasonable to conclude the entry in item 28 should be Multnomah County, Oregon.

4.  The applicant's date of birth, place of birth, and education for entry on his 
WD AGO Form 53-55 would have been taken the information contained on his induction documents.  However, these documents were destroyed in the fire in St. Louis in 1973.  Therefore, there is insufficient evidence to change the entries in items 10, 11, and 42 of the applicant's WD AGO Form 53-55.

5.  There is no compensation for administrative errors on an individual's discharge documents.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned and his WD AGO Form 53-55 be corrected by: 

* amending item 6 to read Company B, 511th Parachute Infantry Regiment, 11th Airborne Division
* changing item 28 to read Multnomah County, Oregon

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to corrections to items 10, 11, and 42 of his WD AGO Form 53-55.  



      _______ _   _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)                                         AR20090021044





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ABCMR Record of Proceedings (cont)                                         AR20090021044



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