IN THE CASE OF:	  

		BOARD DATE:	 6 March 2012 

		DOCKET NUMBER:  AR20110016965 


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, 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), item 4 (Arm or Service) to show Regular Army instead of "AF." 

2.  The applicant states:

* the entry in item 4 of the FSM's DD Form 214 shows "AF" which has been interpreted as "Army Air Force"
* from boot camp through the date of his wound on 2 January 1945, the FSM drove and was a tank commander in Company A, 735th Tank Battalion 
* the FSM's service was never related to any Army Air Force unit 

3.  The applicant provides the FSM's WD AGO Form 53-55, death certificate, and a supplemental letter.

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 FSM'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 FSM'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.  The FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States (AUS) on 20 January 1943 and he entered active service on 27 January 1943.  

4.  His WD AGO Form 53-55 also shows in:

* item 4, the entry “AF”
* item 5 (Component), the entry “AUS”
* item 6 (Organization), he was assigned to Company A, 735th Tank Battalion
* item 30 (Military Occupational Specialty and Number), he was a Tank Commander and number “2736”
* item 32 (Battles and Campaigns), he participated in the Normandy, Northern France, Rhineland, and Ardennes campaigns
* item 34 (Wounds Received in Action), he was wounded on 2 January 1945 in Luxembourg
* item 36 (Service Outside Continental U.S. and Return), he served in the European Theater of Operations from 24 February 1944 to 14 February 1945

5.  The FSM was honorably discharged on 17 January 1946.  

6.  The applicant provided a 2-page supplemental letter in support of her claim.  She stated:

	a.  the FSM’s family worked with the office of the Dodge County, WI, Veterans Service Officer to finalize all of his paperwork.  They received the bronze plaque for the FSM’s tombstone and it stated his branch of service was Army Air Force.  

	c.  the FSM served with Company A, 735th Tank Battalion throughout his military service during World War II.

	d.  the FSM was first a driver than a tank commander.  His combat ribbon includes four bronze service stars for fighting in Normandy, Northern France, Rhineland and Ardennes campaigns.  He and his unit spent a lot of time at the siege of Metz and he was wounded near the end of the Battle of the Bulge on 2 January 1945.

	e.  Family members have even seen copies of discharge records for persons in the same battalion listing the branch of service as Armored (ARMD).  The FSM’s branch of service is incorrect and his military records should be corrected and the plaque should be replaced.  

7.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II.  This regulation stated the arm or service of the last unit or similar element to which an individual was assigned rather than the element of which he was a part while moving to a separation activity would be entered in item 4 of the WD AGO Form 53-55.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM did not serve in the Air Force during World War II is acknowledged and determined to have merit.  

2.  The FSM’s WD AGO Form 53-55 shows he was a Tank Commander and he was assigned to Company A, 735th Tank Battalion, which is an armor unit.  

3.  The FSM’s WD AGO Form 53-55 shows the arm or service as "AF" indicating the component of service as Air Force.  However, this branch of the service was not formed until 18 September 1947, which is subsequent to World War II. 

4.  Based on the available evidence, it appears the FSM served within the Armor Branch during World War II and a typographical error was made on his separation document.  Therefore, it would be appropriate to amend item 4 of his WD AGO Form 53-55 to show the entry "Armor."  

5.  Based on the below recommended records correction, the applicant should contact the Veterans Service Officer for assistance in obtaining a corrected bronze plaque.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry “AF” from item 4 of his WD AGO Form 53-55 and adding the entry “Armor."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing his branch of service as Regular Army.  




      _______ _   _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)                                         AR20110016965



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ABCMR Record of Proceedings (cont)                                         AR20110016965



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