Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110001934
Original file (20110001934.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001934 


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 the unit shown in item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 7 December 1946.

2.  He states his WD AGO Form 53-55 shows the 2012th Ordnance Maintenance Company, but he was actually assigned to Company B, 313th Medical Battalion, 88th Infantry Division.  He states a clerk typist made an error and entered the wrong unit.

3.  He provides pages from The Blue Devil, the 88th Infantry Division Association newsletter.

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 complete 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 most of his records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant and documents in his reconstructed NPRC file.

3.  Following a period of inactive service in the Enlisted Reserve Corps, the applicant entered active duty as a member of the Army of the United States (AUS) on 30 March 1945.  On 19 November 1945, he was honorably discharged from the AUS to enlist in the Regular Army (RA).  He enlisted in the RA on 20 November 1945 and he was honorably discharged on 7 December 1946.

4.  Item 6 of his WD AGO Form 53-55 for the period ending 7 December 1946 shows the entry "2012th Ordnance Maintenance Co."

5.  A review of his reconstructed NPRC file failed to reveal documentation confirming he was assigned to Company B, 313th Medical Battalion,
88th Infantry Division. 

6.  He provides pages from the 88th Infantry Division Association newsletter showing he joined the association as a former member of the 313th Medical Battalion.  

7.  Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), in effect at the time, provided instructions for completing the WD AGO Form 53-55.  It stated the form would be completed from the Service Record, Soldiers Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.  

DISCUSSION AND CONCLUSIONS:

1.  While there is no apparent reason to doubt the applicant's claim, in the absence of military records or other corroborating evidence showing Company B, 313th Medical Battalion, 88th Infantry Division was his final unit of assignment prior to his discharge, there is an insufficient basis for correcting his WD AGO Form 53-55 to show that unit.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20110001934



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001934



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090020856

    Original file (20090020856.txt) Auto-classification: Approved

    The applicant requests correction of item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show 406th Infantry, 102nd Infantry Division instead of "AT CO 302nd INF." The applicant provides: * a list of evidence he submitted with his application * a self-authored letter, dated 12 November 2009, explaining how the error on his WD AGO Form 53-55 may have occurred and providing details of his service * his WD AGO Form 53-55 * a letter from the National...

  • ARMY | BCMR | CY2010 | 20100017634

    Original file (20100017634.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: * his correct military occupational specialty (MOS) * award of the: * Combat Infantryman Badge * Bronze Star Medal * Forward Observer Badge * Presidential Unit Citation [sic] 2. For services performed during World War II, awards will be made only to service units and only for services performed...

  • ARMY | BCMR | CY2007 | 20070017497

    Original file (20070017497.txt) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Bronze Star Medal and that he was a “Ranger” with the 88th Infantry Division during his service in World War II (WW II). The evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal. Therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded...

  • ARMY | BCMR | CY2001 | 2001056244C070420

    Original file (2001056244C070420.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records were not available to the Board for review. That all of the Department of the Army records related to this case be corrected to showing, in block 6 (Organization) of the WD AGO 53-55 of the individual concerned, that his unit of assignment was the 3 rd Battalion, 116 th...

  • ARMY | BCMR | CY2012 | 20120016082

    Original file (20120016082.txt) Auto-classification: Approved

    The FSM's amended WD AGO Form 53-55 shows he served in World War II with Company G, 313th Infantry Regiment, in the ETO from 17 April 1944 to 11 September 1945. The FSM's amended WD AGO Form 53-55 shows he served in World War II with Company G, 313th Infantry Regiment, in the ETO from 17 April 1944 to 11 September 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of the FSM's WD AGO Form...

  • ARMY | BCMR | CY2010 | 20100016579

    Original file (20100016579.txt) Auto-classification: Approved

    The applicant's military record is not available to the Board for review. The evidence of record does not support the applicant's request for award of a second BSM; however, the evidence does show he is entitled to awards not listed on his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. publishing orders announcing award of the CIB and BSM (based upon award of the CIB); b. adding the CIB to item 31...

  • 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 | CY2012 | 20120019456

    Original file (20120019456.txt) Auto-classification: Approved

    His WD AGO Form 53-55 shows: a. he was awarded the: * Combat Infantryman Badge * Good Conduct Medal * Purple Heart * European-African-Middle Eastern Campaign Medal * American Defense Service Medal b. he served in the European Theater of Operations (ETO) from 25 October 1944 to 4 October 1945; and c. he was assigned to Company M, 274th Infantry, when he was honorably discharged on 20 October 1945. On 16 November 2012, the NPRC informed him they had authorized shipment of the following awards...

  • ARMY | BCMR | CY2010 | 20100015319

    Original file (20100015319.txt) Auto-classification: Approved

    He also requests item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 29th Infantry Division instead of the 769th Ordnance Light Maintenance Company. The applicant's military records are not available to the Board for review. In the absence of orders or other evidence of record showing that the applicant was injured and treated for wounds as a result of hostile action during World War II, the VA medical records provided by the...

  • ARMY | BCMR | CY2009 | 20090003169

    Original file (20090003169.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 28 MAY 2009 DOCKET NUMBER: AR20090003169 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his deceased father's, a former service member, WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his organization as the 7th Field Artillery instead of the 701st Ordnance. The evidence of record shows that the FSM was trained as a Field Artillery mechanic and was assigned to the 7th Field Artillery, at least from 16 June 1937 (the...