IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140007536 


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, Honorable Discharge) with a date of separation of 28 October 1945 be corrected to show he served in Battery C, 991st Field Artillery Battalion.

2.  The applicant states when he enlisted he was assigned to Battery A, 559th Field Artillery Battalion but from the time he entered France in 1944 until his discharge in 1945 he served in the 991st Field Artillery Battalion.

3.  The applicant provides:

* his WD AGO Form 53-55
* Honorable Discharge Certificate
* a letter of commendation, dated 22 October 1944
* a letter of commendation, dated 16 May 1945
* self-authored memories of his World War II experiences
* a statement, dated 25 April 2014, from his niece 

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 service 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 that the applicant's records were lost or destroyed in that fire.  The only documents available in this case were provided by the applicant.  The primary document used was his WD AGO Form 53-55.

3.  On 5 November 1941, he was inducted into the Army of the United States and placed on active duty.

4.  His WD AGO Form 53-55 shows he arrived in Scotland on 28 January 1944.  He participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns and he was authorized the European-African-Middle Eastern Campaign Medal.

5.  On 28 October 1945, he was discharged.  Item 6 of his WD AGO Form 53-55 shows he was assigned to Battery A, 559th Field Artillery Battalion.  He was separated at the Separation Center, Fort George G. Meade, MD.

6.  His Honorable Discharge Certificate shows his unit of assignment as 
Battery A, 559th Field Artillery Battalion.

7.  A letter, dated 22 October 1944, from Headquarters, 1st U.S. Infantry Division commended Battery C, 991st Field Artillery Battalion for their direct fire against pill boxes.  This letter did not list members of the unit by name.

8.  A letter, dated 16 May 1945, from Headquarters, Third Armored Division commended the 991st Field Artillery Battalion upon its excellent field artillery support and upon the whole-hearted cooperation of all ranks during operations from 26 February to 9 March 1945 and from 6 April to 12 May 1945.  This letter did not list members of the unit by name.

9.  The applicant provided his memories of the 991st Field Artillery Battalion's actions in Europe.

10.  In her statement, dated 25 April 2014, the applicant's niece stated they have been unable to correct the error of the battery and battalion he served in for most of his service.

11.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided in paragraph 24 that item 6 of the WD AGO Form 53-55 be 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 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.”

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was assigned to Battery C, 991st Field Artillery Battalion from the time he entered France until he was discharged.

2.  The regulation provided for the entry of the last unit to which the Soldier was assigned in Item 6 of the WD AGO 53-55 rather the unit to which he was assigned for the purpose of separation.  However, due to the loss of his records in the 1973 fire in St. Louis there are no official documents to show the  last unit he was assigned to prior to his transfer for separation.

3.  The letters of commendation he provided do not list the members of the 
991st Field Artillery Battalion by name.

4.  The applicant has not submitted any substantive evidence that shows he was assigned to Battery C, 991st Field Artillery Battalion.

5.  In view of the above, there is insufficient substantive evidence 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 that 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)                                         AR20140007536



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ABCMR Record of Proceedings (cont)                                         AR20140007536



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