IN THE CASE OF:
BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130014837
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show in item 6 that his organization was Company B, 43rd Tank Battalion, 12th Armored Division.
2. The applicant states that his WD AGO Form 53-55 shows in item 6 that his organization was Company B, 4th Tank Battalion, 1st Armored Division; however, he never served in that unit. He goes on to state that it never really mattered to him before but now he has been informed that his unit is being awarded French honors.
3. The applicant provides copies of his WD AGO Form 53-55; WD AGO Form 100 (Separation Qualification Record); and a unit history booklet for Company B, 43rd Tank Battalion, 12th Armored Division, for the period 19 September 1944 to
6 June 1945.
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 the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 22 October 1942 and entered active duty on 5 November 1942. He completed his training and departed for the European Theater of Operations (ETO) on 20 September 1944. He served in the Rhineland and Central Europe campaigns and departed the ETO on 19 January 1946.
4. On 3 February 1946, he was honorably discharged in the rank of staff sergeant at Indiantown Gap Military Reservation. His WD AGO Form 53-55 issued at the time of discharge shows in item 6 that his organization was
Co B, 4th TK BN 1st ARMD DIV.
5. His WD AGO Form 100 shows that he served as a platoon sergeant with Company B, 43rd Tank Battalion, 12th Armored Division. Additionally, the unit history book provided by the applicant contains the applicants name.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his WD AGO Form 53-55 contains the wrong organization in item 6 has been noted and appears to have merit.
2. The applicant has provided sufficient proof to show that he served with Company B, 43rd Tank Battalion, 12th Armored Division instead of Co B, 4th TK BN 1st ARMD DIV.
3. Accordingly, his WD AGO Form 53-55 should be corrected to show in item 6 that his organization was Company B, 43rd Tank Battalion, 12th Armored Division.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry Co B, 4th TK BN 1st ARMD DIV from item 6 of his WD AGO Form 53-55
* Adding the entry Company B, 43rd Tank Battalion, 12th Armored Division to item 6 of his WD AGO Form 53-55.
2. The Board wants the applicant and all others to know that the sacrifices made by the applicant in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20130014837
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ABCMR Record of Proceedings (cont) AR20130014837
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