IN THE CASE OF:	

		BOARD DATE:	16 February 2012

		DOCKET NUMBER:  AR20110016500


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 the 299th Engineer Combat Battalion.

2.  The applicant states his discharge papers show his unit of assignment as the 299th Infantry [Regiment], which is incorrect.  He states his discharge papers should show he served with the 299th Engineer Combat Battalion.

3.  The applicant provides his WD AGO Form 53-55, DD Form 256A, and        WD AGO Form 100 (Separation Qualification Record).

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 was inducted into the Army of the United States on 5 March 1943 and was honorably discharged on 8 December 1945.  He served in World War II, in the European Theater of Operations, from on or about 18 April 1944 to on or about 27 November 1945. 

   a. Item 6 (Organization) shows he was assigned to the 299th Infantry [Regiment].

   b. Item 30 (Military Occupational Specialty (MOS) and No [Number]) shows he held MOS 059 (Foreman, Construction).

   c. Item 32 (Battles and Campaigns) shows he served in the Ardennes, Central Europe, Normandy, Northern France, and Rhineland campaigns.

   d. Item 33 (Decorations and Citations) shows he was awarded the: American Service Medal [American Campaign Medal], Distinguished Unit Badge,  European – African – Middle Eastern Service Medal, Army Good Conduct Medal, and the World War II Victory Medal.

4.  His DD Form 256A shows he was separated at Fort Dix, NJ, on 8 December 1945.  This form shows his unit of assignment as the 299th Infantry [Regiment].

5.  He provided a WD AGO Form 100 that shows he was assigned to the 299th Engineer Battalion, in France, Belgium, Holland, Luxembourg, and Germany.

6.  According to lineage and honors information cited on the U.S. Army Center for Military History (CMH) website, the 299th Engineer Battalion was constituted on  8 February 1943, in the Army of the United States, as the 299th Engineer Combat Battalion.  It maintained this designation until 11 October 1954, when it was redesignated as the 299th Engineer Battalion.   

7.  There is no lineage and honors information pertaining to the 299th Infantry Regiment on the CMH website; however, a review of the regiment's history on Wikipedia.com reveals the regiment participated, in a limited capacity, in the Pacific theater during World War II, but was not credited with participating in the European theater during World War II.
8.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, specified in paragraph 24 that item         6 of the WD AGO Form 53-55 would have been 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.  The applicant contends his WD AGO Form 53-55 and DD Form 256A should be corrected to show he served with the 299th Engineer Combat Battalion.

2.  The evidence shows he served as a construction foreman with the 299th Engineer Combat Battalion, as shown on his WD AGO Form 100.  The evidence further shows the 299th Engineer Combat Battalion participated in campaigns in the European Theater of Operations; however, the 299th Infantry Regiment did not.  Since the applicant was recognized for participation in 5 European campaigns, it is reasonable to conclude, when considering the entry on his WD AGO Form 100, he served in the 299th Engineer Combat Battalion.  Therefore, it is also reasonable to conclude the organizational entry in item 6 of his WD AGO Form 53-55 is in error.  

3.  Accordingly, it would be appropriate to correct his WD AGO Form 53-55 and his DD Form 256A to show his unit of assignment as the 299th Engineer Combat Battalion.  

BOARD VOTE:

____X___  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 to show his unit of assignment as the 299th Engineer Combat Battalion
* issuing him a corrected DD Form 256A to show his unit of assignment as the 299th Engineer Combat 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)                                         AR20090012437



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ABCMR Record of Proceedings (cont)                                         AR20110016500



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