IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120001096
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 his unit be changed to Company C, 776th Amphibious Tank Battalion on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. He states that a typographical error occurred and his discharge papers incorrectly referred to his battalion as a "truck" instead of a "tank" battalion.
3. He provides his WD AGO Form 53-55.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.
3. Records available to the Board show he was inducted into the Army of the United States on 7 October 1942. He was honorably discharged on
22 December 1945.
4. Item 6 (Organization) of his WD AGO Form 53-55 lists his organization as Company C, 776th Amphibious Truck Battalion.
5. Information obtained from the below website identifies this battalion as the "776th Amphibious Tank Battalion." There is no listing for the 776th Amphibious Truck Battalion.
http://www.scribd.com/doc/50027845/WWII-776th-Amphibian-Tank-Battalion
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant's organization was correctly known as the 776th Amphibious Tank Battalion. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this organization.
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 showing his organization in item 6 of his WD AGO Form 53-55 as Company C, 776th Amphibious Tank 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) AR20120001096
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001096
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