IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015470
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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and his DD Form 256A (Honorable Discharge Certificate) to show his unit of assignment as "Service Company, 22nd Infantry Regiment."
2. The applicant states his discharge papers show his unit of assignment as "Service Company, 395th Infantry," which is incorrect. He states he served with Service Company, 22nd Infantry Regiment, 4th Infantry Division, yet he received transport back to the U.S. with Service Company, 395th Infantry Regiment due to the number of points he had.
3. The applicant provides:
* a 2-page letter from his daughter that provides background information concerning his request
* WD AGO Form 53-55
* DD Form 256A
* 4-page printout, presumably from a yearbook or official association, containing the names and certain photographs of men who served during World War II 3 of these pages contain the heading "Service Company"
* a photograph of a man, along with an additional inscription reported to be from the reverse side of the photograph
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 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. His WD AGO Form 53-55 shows he enlisted into the Army of the United States on 6 January 1941 and was honorably discharged on 24 July 1945. Additionally, it shows he served in World War II in the European Theater of Operations, from on or about 29 January 1944 to on or about 19 July 1945.
4. The applicant provided a 4-page printout, presumably from a yearbook or official association, containing the names and certain photographs of men who served during WWII, and a photograph of a man, along with an additional inscription reported to be from the reverse side of the photograph; however, neither of these items constitute sufficient proof he was a member of the 22nd Infantry Regiment at the time of his discharge.
5. War Department Technical Manual 12-236 (Preparation of Separation Forms), then in effect, and Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for the preparation of the separation document. In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his WD AGO Form 53-55 and DD Form 256A should be amended to show he served with Service Company, 22nd Infantry Regiment during World War II.
2. Unfortunately, there is little documentation available to consider in this case. Neither the applicant's available record, nor the submitted evidence, conclusively establishes his membership in the 22nd Infantry Regiment at the time of his discharge.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in his records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
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 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) AR20090012437
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ABCMR Record of Proceedings (cont) AR20110015470
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