IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20110021425
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 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.
2. The applicant states at the time of his discharge he was attached to Company B, 644th Tank Destroyer Battalion a unit he did not serve with.
3. The applicant provides a self-authored timeline of his service in World War II (WWII), from his induction into the Army of the United States in May 1943 to his discharge in December 1945; photocopies of photographs of servicemen; a memorandum from the Commander, 4th Cavalry Group, dated 16 June 1945; and photocopies of 2 newspaper articles detailing portions of his service in Europe during WWII.
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 8 May 1943 and was honorably discharged on 13 December 1945. He served in World War II, in the European Theater of Operations, from on or about 14 April 1944 to on or about 24 November 1945. Item 6 (Organization) of his WD AGO Form 53-55 shows that at the time of his discharge, he was assigned to Company B, 644th Tank Destroyer Battalion.
4. He provides:
* a self-authored timeline of his service in World War II (WWII), from his induction into the Army of the United States in May 1943 to his discharge in December 1945
* photocopies of photographs of servicemen
* a memorandum from the Commander, 4th Cavalry Group, dated 16 June 1945
* photocopies of 2 newspaper articles detailing portions of his service in Europe during WWII
These items assist in establishing his service in Europe during WWII; however, none of these documents establish his unit of assignment as Troop B, 24th Cavalry Reconnaissance Squadron, 4th Cavalry Group.
5. 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 of 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 should be corrected to show he served with the Troop B, 24th Cavalry Reconnaissance Squadron, 4th Cavalry Group.
2. The applicant's service in the European Theater of Operations during WWII is not in question; however, his available record lacks definitive evidence that shows he was assigned to Troop B, 24th Cavalry Reconnaissance Squadron, 4th Cavalry Group until he departed the theater. Barring evidence to the contrary and in view of the foregoing, there is an insufficient basis to grant relief 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) AR20110021425
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