IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120005249
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 item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 717th Tank Battalion instead of Service Battery, 550th Field Artillery Battalion.
2. The applicant states the 550th Field Artillery Battalion was inactivated on
8 February 1946.
3. The applicant 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 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. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 15 July 1944. He served in the European Theater of Operations from 11 March 1945 to 27 July 1945 and he was honorably discharged on 3 July 1946.
4. His WD AGO Form 53-55 shows in item 6 he was assigned to Service Battery, 550th Field Artillery Battalion.
5. There is no evidence of record which shows he was assigned to the
717th Tank Battalion during World War II.
6. Information obtained from Wikipedia states the 550th Field Artillery Battalion was deactivated on 8 February 1946 and Headquarters and Headquarters Battery, 550th Field Artillery Battalion was redesigned on 1 August 1946 as the 550th Field Artillery Battery.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the 550th Field Artillery Battalion was deactivated on 8 February 1946 but his WD AGO Form 53-55 for the period ending 3 July 1946 shows his organization as Service Battery, 550th Field Artillery Battalion.
2. Information obtained from the internet confirms the 550th Field Artillery Battalion was deactivated on 8 February 1946.
3. It is acknowledged there is no evidence of record and the applicant did not provide any evidence that shows he was assigned to the 717th Tank Battalion. However, any reasonable doubt should be resolved in the applicant's favor; therefore, the recollection of his last assignment is accepted as sufficient evidence on which to amend item 6 of his WD AGO Form 53-55.
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 deleting the entry in item 6 of his WD AGO Form 53-55 and replacing it with the entry "717th 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) AR20120005249
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005249
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110010923
The applicant requests correction of the date of separation recorded on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). The applicant's military service records are not available to the Board for review. [Applicant] was discharged 27 November 1945 with the 6 buddies, 27 November 1945."
ARMY | BCMR | CY2008 | 20080016713
The applicant's military records are not available to the Board for review. The applicant contends that his WD AGO Form 53-55 does not show his units of assignment or the individual battles in which he participated. According to the applicant's WD AGO Forms 53-55 and 100, he performed duties as a truck driver with Service Battery, 7th Field Artillery Battalion, 1st Infantry Division, while serving in the ETO.
ARMY | BCMR | CY2015 | 20150003662
The applicant's military service records are not available to the Board for review. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 21 October 1943, he entered active service on 11 November 1943, and he was honorably discharged on 6 May 1946. His records also show he served 16 months as a light truck driver in MOS 345 and he was assigned to the 756th Tank Battalion in the ETO.
ARMY | BCMR | CY2005 | 20050018155C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 July 2006 DOCKET NUMBER: AR20050018155 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 January 1946, the date of...
ARMY | BCMR | CY2013 | 20130002370
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: * his prisoner of war (POW) status in Germany * the POW Medal 2. The applicant provides: * four Western Union telegrams * WD AGO Form 53-55 * WD AGO Form 100 (Separation Qualification Record) * Morning Report, dated 20 December 1944 * Authorization for...
ARMY | BCMR | CY2010 | 20100029981
The applicant's military records are not available for the Board for review. Therefore, it would be appropriate to correct Item 6 of his WD AGO Form 53-55 to show his proper unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from Item 6 of his WD AGO Form 53-55 the entry "Company B 779 TK Battalion" and replacing it with the entry "Battery D, 518th Antiaircraft Artillery (AAA) Gun Battalion.
ARMY | BCMR | CY2005 | 20050007738C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 January 2006 DOCKET NUMBER: AR20050007738 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's military records are not available to the Board for review. Based on the available evidence and reasonable supposition, item 6 on his WD AGO Form 53-55 should be corrected to show his organization as...
ARMY | BCMR | CY2010 | 20100018400
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the award of the Presidential Unit Citation (PUC). The applicant was assigned to the 466th Parachute Field Artillery Battalion during the period it was awarded the PUC for its participation in Operation Varsity. Accordingly, he is entitled to correction of his WD AGO Form 53-55 to show this unit award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2006 | 20060008367C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 October 2006 DOCKET NUMBER: AR20060008367 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that item 6 (Organization) on his WD AGO Form 53- 55 (Enlisted Record and Report of Separation) be corrected to show Battery C, 339th Field Artillery Battalion and not Battery B, 151st Field...
ARMY | BCMR | CY2015 | 20150001450
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show a second award of the Bronze Star Medal and any additional awards he may be entitled to. The applicant's complete military records are not available to the Board for review. With respect to a second award of the Bronze Star Medal, both citations provided by the applicant stated the Bronze Star Medal was awarded for heroic achievement on 4 January 1945, when he...