IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015102
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, in effect, correction of item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. He states the current unit shown, which is the Reconnaissance Company, 803rd Tank Destroyer Battalion, is incorrect. Headquarters Company, 308th Engineer Battalion, 83rd Infantry Division was his only unit of assignment during his military career.
3. He provided a copy his discharge document and an 83rd Infantry Division Association Membership Card.
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 applicants 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 applicants 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. His record shows he enlisted in the Army on 4 September 1942. After completion of training, he served in military occupational specialty 870 (Chemical Noncommissioned Officer).
4. He served in the European Theater of Operations during World War II (WWII) from 20 April 1944 to 23 November 1945.
5. His record is void of a Service Record; however, a Clinical Record Brief, dated 17 February 1944 and a Register of Dental Patients Form, dated 1 June 1945, list the applicants unit of assignment as Headquarters Company, 308th Engineer Battalion.
6. His WD AGO Form 53-55 shows he was honorably discharged on
6 December 1945. Item 6 of this document contains the entry Reconnaissance Company, 803rd Tank Destroyer Battalion.
7. Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55, Organization, be completed as follows: "Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity. Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity."
DISCUSSION AND CONCLUSIONS:
1. His request to amend item 6 of his WD AGO Form 53-55 was carefully considered and was determined to have merit.
2. A Clinical Record Brief and a Register of Dental Patients Form both list his unit of assignment as Headquarters Company, 308th Engineer Battalion.
3. It appears that the applicant was assigned to Headquarters Company, 308th Engineer Battalion during WWII, and was only assigned to the Reconnaissance Company, 803rd Tank Destroyer Battalion for the purpose of transfer back to the United States.
4. As such, it would serve the interest of justice to amend item 6 of his WD AGO Form 53-55 and show his unit as Headquarters Company, 308th Engineer Battalion.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X___ ___X___ 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 amending item 6 of his WD AGO Form 53-55 by deleting the entry Reconnaissance Company, 803rd Tank Destroyer Battalion and replacing it with Headquarters Company, 308th Engineer 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) AR20110015102
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015102
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021425
IN THE CASE OF: BOARD DATE: 19 June 2012 DOCKET NUMBER: AR20110021425 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his unit of assignment as Troop B, 24th Cavalry Reconnaissance Squadron, 4th Cavalry Group. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2012 | 20120007071
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show: * his unit of assignment as the 821st Tank Destroyer Battalion instead of the 75th Quartermaster Company * his combat service * five bronze service stars 2. The applicant provides 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: * deleting from item 33 of his WD AGO Form 53-55 the...
ARMY | BCMR | CY2009 | 20090005870
The applicant states, in effect, that he served with the 2nd Battalion, 329th Infantry Regiment, 83rd Division, during World War II, and that this unit was cited for award of the Presidential Unit Citation by General Orders Number 190, issued by Headquarters, 83rd Infantry Division, on 4 September 1945. The applicant's military records are not available to the Board for review. The evidence of record shows that at the time of his separation, the applicant's last tactical unit to which he...
ARMY | BCMR | CY2002 | 2002072499C070403
The Board noted that the applicant’s WD AGO Form 53-55 shows he was authorized the Bronze Star Medal by Headquarters, 35th Infantry Division, in 1945. Evidence of record shows the applicant signed his WD AGO Form 53-55 on 27 July 1945 attesting to the fact that his organization was Headquarters Company, 654th Tank Destroyer Battalion. Therefore, the applicant is entitled to correction of his military records to show award of the Army of Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2012 | 20120016676
The applicant's military records are not available to the Board for review. The applicant's military records are not available to the Board for review. He meets the criteria for this medal and his WD AGO Form 53-55 should be corrected to show the medal.
ARMY | BCMR | CY2014 | 20140011091
Army Regulation 600-8-22 (Military Awards) states the POW Medal is awarded to any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. Therefore, it would be appropriate to add this medal to item 33 of his WD AGO Form 53-55 and the entry, "POW, Company B, 630th Tank Destroyer Battalion, Belgium, 24 December 1944 5 June 1945" to item 55 (Remarks) of his WD AGO Form 53-55. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080015388
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart, the American Defense Service Ribbon, and the American Campaign Service Ribbon. With respect to the American Defense Service Ribbon, there is no evidence that the applicant served between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. Therefore, he is entitled to award of the American Campaign Medal...
ARMY | BCMR | CY2007 | 20070000624
Since his combat duty was actually with the 644th Tank Destroyer Battalion, he believes that unit should be shown on his separation document as his organization. Subsequently, he entered on active duty on 1 December 1943. Item 6 (Organization) of the applicants WD AGO Form 53-55, issued on 4 December 1945, shows his unit at the time as Company B, 703rd Tank Destroyer Battalion.
ARMY | BCMR | CY2002 | 2002073740C070403
The applicant states that his brother, the Former Service Member (FSM), served with Company A, 67 th Armored Regiment throughout WWII. However, the applicant has also provided the Board a copy of the FSM’s WD AGO Form 53-55. Army Regulation 600-8-22 provides that the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty while assigned to a qualifying location.
ARMY | BCMR | CY2009 | 20090005849
Application for correction of military records (with supporting documents provided, if any). The applicants contention that item 6 of the FSM's WD AGO Form 53-55 should be corrected to show Company A, 813th Tank Destroyer Battalion, was carefully considered. As a result, absent any evidence of error or injustice related to the current unit entry on the FSM's WD AGO Form 53-55, there is an insufficient evidentiary basis to support granting the requested relief.