IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100018679 


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.  In two separate applications, the applicant requests his WD AGO Form 53-55 (Enlisted Record of Service-Honorable Discharge) be corrected to reflect his proper unit, military occupational specialty (MOS), and rank.  

2.  The applicant states he served as an infantryman with the 44th Infantry Division throughout World War II (WWII) and he was transferred to the 75th Quartermaster (QM) Company just prior to separation.  He also claims he was promised a promotion to sergeant prior to discharge.  

3.  The applicant provides a Congressional Inquiry Packet and  his WD AGO Form 53-55 in support of his application.  

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 record is 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 the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using a reconstructed record that consists of the applicant’s WD AGO Form 53-55, and miscellaneous documents remaining in the NPRC file and provided by the applicant.

3.  The applicant’s WD AGO Form 53-55 shows he enlisted in the Regular Army on 12 August 1940 and he served in the European Theater of Operations from 
15 September 1944 through 7 November 1945.  Item 4 (Arm of Service) shows he was a member of the QM Corps, and item 30 (Military Occupational Specialty and No.) lists his MOS as 684 (Airplane Mechanic).  Item 31 (Military Qualification and Date) shows he was qualified with the carbine rifle.  It fails to show he received the Combat Infantryman Badge (CIB).  

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Central Europe, Northern France and Rhineland campaigns of WWII.  Item 33 (Decorations and Citations) shows he earned the following awards during his active duty tenure:

* American Service Medal
* American Defense Service Medal
* European-African-Middle Eastern Campaign Medal
* Army Good Conduct Medal
* WWII Victory Medal 

5.  Item 3 (Grade) of the applicant’s WD AGO Form 53-55 shows he held the rank/grade of private first class (PFC) on the date of separation and item 38 (Highest Grade Held) shows that PFC was the highest grade he attained and held while serving on active duty.  

6.  The WD AGO Form 53-55 shows the applicant was honorably separated on 24 November 1945, after completing a total of 1 year, 3 months, and 13 days of active military service.  Item 6 (Organization) lists the 75th QM Company as his unit at the time of separation. 

7.  The NPRC file contains an Honorable Discharge certificate that shows the applicant was honorably discharged from the Army of the United States on 
"23" November 1945.  This document lists his rank as PFC and his unit as the 
75th QM Company.  

8.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in Item 6 (Organization) of the WD AGO Form 53-55.  It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he served with the 44th Infantry Division as an infantryman throughout WWII and only transferred to the 75th QM Company for movement to the United States, and that he should have been promoted to sergeant prior to his separation, has been carefully considered.  However, there is no evidence remaining in the NPRC file or provided by the applicant that corroborates these claims.  

2.  The specific date the applicant was assigned to the 75th QM Company would have to be confirmed to verify whether the applicant was actually assigned to the unit for duty, or whether he was just transferred to the unit for movement and separation.  

3.  Further, the applicant's WD AGO Form 53-55 confirms he was in the QM Corps, and item 31 does not indicate he qualified for the CIB.  Therefore, absent documentary evidence confirming his last permanent assignment was as an infantryman with the 44th Infantry Division, or verifying the nature (permanent or transitional) of his assignment to the 75th QM Company, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

4.  The applicant’s WD AGO Form 53-55 also confirms he held the rank of PFC on the date of separation in item 3, and item 38 confirms PFC was the highest rank he attained and held while serving on active duty.  As a result, absent any documentary evidence corroborating the applicant’s claim that he was promised a promotion and evidence confirming he was recommended for or promoted by proper authority while still on active duty, there is also an insufficient evidentiary basis to support granting this portion of the requested relief.  



5.  The applicant and all others concerned should know that this action related to his duty assignment, organization, and rank in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all other Americans should be justifiably proud of his service in arms.

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)                                         AR20100018679



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ABCMR Record of Proceedings (cont)                                         AR20100018679



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