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 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 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
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ABCMR Record of Proceedings (cont) AR20100027574
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