DOCKET NUMBER:  AR20110010923 


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 date of separation recorded on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states a typographical error was made on his separation document that shows he was separated on 22 November 1945 instead of
27 November 1945.  He was one of seven men who remained with A Battery, 616th Field Artillery, until the unit was deactivated on 27 November 1945.

3.  The applicant provides copies of his WD AGO Form 53-55, a 6-page unit history, and his 1-page autobiography.

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 service 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  A WD Form 372A (Final Payment - Work Sheet) shows the applicant was due pay for the period 1 to 22 November 1945.  He received a check in the amount of $129.60 and a cash payment of $50.00 for a total of $179.60.  It also shows the applicant was discharged on 22 November 1945 and that he placed his signature on this document certifying he was paid on this date.

4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 4 March 1943 and he entered active service on
12 March 1943.  He completed 2 years, 1 month, and 5 days of continental service and 7 months and 6 days of foreign service.  It also shows in:

   a.  item 3 (Grade):  "Tec 4" [Technician Fourth Grade];

   b.  item 6 (Organization):  616th Field Artillery;
   
   c.  item 7 (Date of Separation):  "22 Nov 45"
   
   d.  item 30 (Military Occupational Specialty and Number):  "Radio Repairman, 648";

   e.  item 36 (Highest Grade Held):  "Tec 4";
   
   f.  item 36 (Service Outside Continental U.S. and Return):  he departed the U.S. on 6 January 1945, arrived in the European Theater of Operations (ETO) on 18 January 1945, departed the ETO on an unknown date, and arrived in the U.S. on 11 August 1945; and

5.  In support of his request, the applicant provides the following documents:

	a.  A "Certificate in Lieu of Lost or Destroyed Honorable Discharge " that shows the applicant was honorably discharged at Fort Logan, Colorado, on
22 November 1945.

	 	(1)  The certificate was given at the War Department, Washington, DC, on
26 November 1946, and signed by The Adjutant General of the Army.

	 	(2)  The footnote on the certificate shows:  "This certificate is given under the provisions of the Act of Congress approved July 1, 1902, 'to authorize the Secretary of War to furnish certificates in lieu of lost or destroyed discharge' to honorably discharged officers or enlisted men or their widows, upon evidence that the original discharge certificate has been lost or destroyed, and upon the condition imposed by said Act that this certificate 'shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowances, or as evidence in any other case.'"

	b.  Six pages (pages 264, 265, 288, 290, 294 and 299) from "Field Artillery - The King of Battle."  It shows the writer transferred out of the 616th Field Artillery on 20 June 1945 and that much of the chapter was written from archival documents, and those documents ended about 6 October 1945.  "Therefore, about the only thing that is known for sure is that the 616th Field Artillery Battalion (Pack) was inactivated on 27 November 1945 at Camp Carson, Colorado."

	 	(1)  The Summary of Events shows for 27 November 1945:  "The number of personnel assigned to the battalion was reduced to zero.  Those who did not have enough points to be separated were transferred to other Army installations." 

	 	(2)  A handwritten note shows:  "Virgil M--- did not have enough points to be discharged from service.  [He] was not selected as one of the six men left to close down A Battery and was therefore subject to transfer.  [He] desperately wanted to be discharged NOW.  The six men, buddies to [applicant], agreed to allow [him] to stay on with them as [he] became an assistant to each of them. [Applicant] was discharged 27 November 1945 with the 6 buddies, 27 November 1945."

	 	(3)  The documents also show that the commander (Lieutenant Colonel William O. G---) and six enlisted men (Private First Class (PFC) Claus F. F----, PFC Manual W. H----, PFC J. P. J----, Technical Sergeant (T/SGT) R. Sidney P--, PFC John V-- S---, and the applicant) remained with the unit until it was deactivated on 27 November 1945.

	 	(4)  The Autobiography of [Applicant], October - November 1945, that shows:

		(a)  "By the 2nd and 3rd week in November, I was still in there helping my 6, most OP [Observation Post] buddies, close out the A Battery.  In a desperate appeal to these six men, whom the Army had chosen to close out A Battery, I asked all six to allow me to be an assistant to all, and each six.  I was assistant to Charles E. G---- as 1st Sergeant.  I think Wayne R---- was Clerk, a mail corporal, all 6 covering the required jobs and least and last T/SGT [applicant] with a few points, filled in being God's perfect #7."

	 	(b)  "With everything done and accomplished in closing out A Battery on the appointed day, we 7 (seven) Soldiers drove to Denver at Fort Logan, Colorado for Separation from the U.S. Army.  With all completed on the final day of being a U.S. Soldier, I had no more strings attached, and we '7' Soldiers received our Honorable Discharge from the U.S. Army the 27 November 1945 and we parted here."

	 	(c)  A handwritten note shows:  "1st Sergeant Charles E. G----, head man for closing out A Battery, N Euclid, Ohio, was a head man on the Fire Department.  7 men discharged at the same time."

6.  War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty.  The instructions for completing the WD AGO Form 53-55 states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.  The instructions for item 7 state enter the discharge date or the date of transfer to the Enlisted Reserve Component.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show he was discharged on 27 November 1945 (vice 22 November 1945) because he was one of seven men who remained with his unit until it was deactivated on 27 November 1945.

2.  The sincerity of the applicant's contention is not in question; however, he provides insufficient evidence in support of his claim.

   a.  The author of the "Field Artillery - The King of Battle" acknowledges that he transferred out of the 616th Field Artillery prior to the applicant's separation date, much of the information was written based on archival documents, and "about the only thing that is known for sure is that the 616th Field Artillery Battalion (Pack) was inactivated on 27 November 1945 at Camp Carson, Colorado."

   b.  The applicant's autobiography indicates that his buddies invited him to remain and help them in the deactivation of the unit.  However, this does not establish that the applicant was retained in the Army beyond 22 November 1945.
3.  The applicant's final pay was for the period 1 to 22 November 1945 and he certified that he received the pay on 22 November 1945.

4.  The Certificate in Lieu of Lost or Destroyed Honorable Discharge Certificate, issued by The Adjutant General of the Army approximately 1 year after his discharge, confirms the applicant was discharged on 22 November 1945.

5.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20110010923



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ABCMR Record of Proceedings (cont)                                         AR20110010923



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