Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100027574
Original file (20100027574.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100027574 


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 his organization was a combat battalion instead of a construction battalion.  He further requests correction of his WD AGO Form 100 (Separation Qualification Record) to show his civilian employer was Eastman Kodak Company.

2.  The applicant states his original discharge indicates he was in a construction battalion but other documentation proves he was actually in the 120th Combat Battalion.  He adds that the Army clerk preparing his WD AGO Form 100 did not record his full-time employer but instead an occasional part-time employer.

3.  The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, WD AGO Form 100, and War Department Form 372A (Final Payment - Work Sheet).

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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 11 December 1943 and entered into active service on 3 January 1944.  He was awarded the military occupational specialties of 729 (basic, engineer) and 059 (construction engineer and construction foreman).  The highest rank he held during his tenure of service was corporal.

4.  His WD AGO Form 53-55 shows his last organization of assignment was the 120th Engineers C Bn (120th Engineer Combat Battalion).  This document shows he arrived in the European Theater of Operations on 28 July 1944 and was credited with participation in the Ardennes, Central Europe, and Rhineland campaigns.  He arrived in the United States on 10 September 1945.

5.  He was honorably discharged on 19 November 1945 due to demobilization after completing 1 year, 10 months, and 17 days of active service.

6.  His WD AGO Form 100 shows he was employed by J. Sunderman from 1940 to 1943. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows his organization as 120th Engineers C Bn.  Evidence indicates this is an abbreviated version of the full organization name of 120th Engineer Combat Battalion.  As such, it appears that the organization listed on his WD AGO Form 53-55 is correct as constituted.

2.  With respect to his desire to have his WD AGO Form 100 corrected to show Eastman Kodak Company, the information entered was obtained from the applicant.  Since he provided the information currently shown on this form there is no basis for changing this document at this time to show a different employer.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100027574



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027574



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110016500

    Original file (20110016500.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. The evidence shows he served as a construction foreman with the 299th Engineer Combat Battalion, as shown on his WD AGO Form 100. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending item 6 of his WD AGO Form 53-55 to show his unit of assignment as the 299th Engineer Combat Battalion * issuing him a corrected DD Form 256A to show his unit...

  • ARMY | BCMR | CY2008 | 20080006011

    Original file (20080006011.txt) Auto-classification: Approved

    Evidence does show that prior to the FSM becoming a prisoner of war he was assigned to the 168th Engineer Combat Battalion during a period of time the unit was awarded the Presidential Unit Citation and the Citation in the Order of the Day of the Belgian Army. Records show the FSM was returned to military control on 28 April 1945; his WD AGO Form 53-55 shows he departed the European theater of operations on 15 May 1945. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2011 | 20110010134

    Original file (20110010134.txt) Auto-classification: Approved

    The applicant requests correction of the records of his deceased father, a former service member (FSM), to show battle and campaign credits, wounds received in action, and the Purple Heart. He states the FSM's discharge records do not show the proper entries for being wounded in action or the Purple Heart. The criteria for award of the Purple Heart specify that accidental injuries, unless caused by enemy fire, do not justify the award.

  • ARMY | BCMR | CY2006 | 20060000782C070205

    Original file (20060000782C070205.doc) Auto-classification: Approved

    The applicant requests that item 6 (Organization) on his WD AGO Form 53- 55 (Enlisted Record and Report of Separation) be corrected to show the 291st Engineer Combat Battalion and not the 255th Ordnance Medium Maintenance Company. The preponderance of evidence in this case shows the applicant was assigned to the 291st Engineer Combat Battalion during World War II. Records show the applicant should have discovered the alleged error now under consideration on 4 December 1945; therefore, the...

  • ARMY | BCMR | CY2005 | 20050003903C070206

    Original file (20050003903C070206.doc) Auto-classification: Approved

    The applicant provides a marriage license; the FSM's WD AGO Form 53-55; his WD AGO Form 100 (Separation Qualification Record); a medical record, dated 28 August 1944; a letter, dated 8 September 1993, from the FSM; a letter, dated 16 October 1993, from the DVA; and a DVA Statement in Support of Claim, dated 27 October 1993. This document does not show the 30th Engineer Combat Battalion as an authorized unit. Since the Department of Army Pamphlet 672-1 does not show the 30th Engineer...

  • ARMY | BCMR | CY2006 | 20060014552

    Original file (20060014552.txt) Auto-classification: Denied

    The applicant states, in effect, that the organization shown on his discharge document is incorrect and should be corrected to show that he served with Company B, 299th Engineer Combat Battalion during World War II. The applicant's military service records are not available to the Board for review. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Arrowhead Device, Army of Occupation Medal with...

  • ARMY | BCMR | CY2002 | 2002068567C070402

    Original file (2002068567C070402.rtf) Auto-classification: Approved

    The applicant states, in effect, that item 6 on his WD AGO Form 53-55 is incorrect and lists him as a member of the 109th AAA Gun Battalion. The applicant provided a copy of WD AGO Form 100, which shows that he was a cannoneer and served with the 116th AAA Gun Battalion in the European Theater of Operations. The applicant provided a copy of Headquarters, 116th AAA Gun Battalion Mobile (MBL) General Orders Number 10, dated 2 June 1945, which shows that he was awarded the “Bronze Service...

  • ARMY | BCMR | CY2008 | 20080008918

    Original file (20080008918.txt) Auto-classification: Approved

    Item 6 (Organization), of the FSM’s WD AGO Form 53-55, shows he was assigned to Service Company, 322d Infantry Regiment. The Combat Infantryman Badge and the Army of Occupation Medal, with Japan Clasp, are not shown on the FSM’s WD AGO Form 53-55. Because there is insufficient evidence to show the FSM was awarded the MOS of a Rifleman, that he participated in active ground combat while he held the MOS [assuming that the MOS was awarded] and, that he was paid combat infantry pay, he is not...

  • ARMY | DRB | CY2005 | 20050011252

    Original file (20050011252.doc) Auto-classification: Denied

    Larry W. Racster | |Member | Exhibit A - Application for correction of military records. The Board found no evidence that would support granting any of the awards requested, with the exception of the American Service Medal, which was already listed in the authorized awards contained on his WD AGO Form 53- 55. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Philippine Republic...

  • ARMY | BCMR | CY2009 | 20090000906

    Original file (20090000906.txt) Auto-classification: Approved

    The applicant provides a self-authored statement, WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55, discharge certificate, and photocopies of a dog tag and ribbons/patches in support of his application. Although the applicant did not request this awards correction, given the correction to his WD AGO Form 53-55 is based on the error in his unit designation, it would be appropriate and serve the interest of justice and equity to award him the BSM and to add these awards to...