BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029981
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 as Battery D, 518th Antiaircraft Artillery (AAA) Gun Battalion instead of Company B, 779th Tank Battalion that is currently shown.
2. The applicant states he was never assigned to Company B, 779th Tank Battalion; he just came home (continental United States) with them from overseas.
3. The applicant provides Special Orders Number 50, issued by Headquarters, 518th AAA Gun Battalion, dated 26 May 1945.
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 for 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55 and documents remaining in the applicant's NPRC file.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 13 April 1943 and he entered active service on 20 April 1943. Item 6 (Organization) contains the entry "CO B 779th TK Battalion." The separation document confirms he served in the Pacific Theater of Operations (PTO) from 25 October 1943 to 25 December 1945.
4. Item 32 (Battles and Campaigns) shows the applicant was credited with participating in the Luzon campaign. Item 33 (Decorations and Citations) shows the:
* Asiatic-Pacific Theater Ribbon with one bronze service star
* Philippine Liberation Ribbon with one bronze service star
* Army Good Conduct Medal
* World War II Victory Medal
* four overseas service bars
5. Special Orders Number 50, dated 26 May 1945, that is also contained in the applicant's NPRC file, confirms he was a member of Battery D, 518th AAA Gun Battalion while serving in the PTO.
6. 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 the individual 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 evidence of record confirms the applicant was assigned to Battery D, 518th AAA Gun Battalion prior to his departure from PTO.
2. In view of the evidence in this case, there is no reason to doubt the applicant's claim that he was actually assigned to Battery D, 518th AAA Gun Battalion and not the 779th Tank Battalion during World War II. Therefore, it is presumed that the unit listed in his separation document was likely a transitional unit that he was assigned to for the purpose of movement to a separation activity in the United States. Therefore, it would be appropriate to correct Item 6 of his WD AGO Form 53-55 to show his proper unit.
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 "Company B 779 TK Battalion" and replacing it with the entry "Battery D, 518th Antiaircraft Artillery (AAA) Gun Battalion.
_________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) AR20100029981
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ABCMR Record of Proceedings (cont) AR20100029981
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