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ARMY | BCMR | CY2012 | 20120000163
Original file (20120000163.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    5 July 2012

		DOCKET NUMBER:  AR20120000163 


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 (Enlisted Record and Report of Separation, Honorable Discharge) to show he was assigned to the 114th Engineer Combat Battalion.

2.  The applicant states:

* he was assigned to the 114th Engineer Combat Battalion when the war ended
* he was transferred to the Signal unit to replace a cook or baker who had enough points to go home
* he quit high school to join the Army and was assigned to the 114th Combat Engineers until after his unit was sent to Japan

3.  The applicant provides:

* WD AGO Form 53
* WD AGO Form 7 (Enlisted Man's Temporary Pass)
* DD Form 256A (Honorable Discharge Certificate)
* 3 photographs
* Memorabilia page with patches
* Letter, dated 15 September 2011, from the Army Personnel Records Division
* Letter, dated 16 December 2011, from the Army Board for Correction of Military Records (ABCMR)

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.   This case is being considered using the documents provided by the applicant and documents in his reconstructed NPRC file.

3.  The applicant's WD AGO Form 53 shows the following:

* he enlisted in the Regular Army on 8 July 1946
* his military occupational specialty was 050 (Carpenter)
* he had 5 months of service in the Continental United States
* he had 9 months and 10 days of foreign service 
* he had 1 year, 5 months, and 19 days of prior service in the Army of the United States
* organization as the 3247th Signal Battalion

4.  The applicant provides a copy of his WD AGO Form 7, dated 16 February 1946, which shows he was assigned to Company C, 114th Engineer Combat Battalion.

5.  On 17 September 1947, the applicant was honorably discharged. 

6.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in Item 6 (Organization) of the WD AGO Form 53.  It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his WD AGO Form 53 to show the 114th Engineer Combat Battalion as the unit to which he was assigned was carefully considered.

2.  Although the applicant was assigned to the 3247th Signal Service Company at the time of his separation, the applicant provides a WD AGO Form 7 which shows he was assigned to the 114th Engineer Combat Battalion in February 1946.  An engineer unit appears to have been a more appropriate unit of assignment for a carpenter.  Therefore, the applicant’s contention is reasonable and it would be appropriate to change the applicant's WD AGO Form 53 to show he was assigned to the 114th 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 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 the applicant's WD AGO Form 53 to show he was assigned to the 114th 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)                                         AR20120000163



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120000163



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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