PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 July 2000
	DOCKET NUMBER:   AR2000039488

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his unit of assignment be corrected on his discharge records.

3.  The applicant states, in effect, that his separation documents should show that he served in the Headquarters Battery, 273rd Field Artillery Battalion, when in fact it should show  that he had served in B Battery, 324th Field Artillery Battalion,
83rd Infantry Division.  He claims that all his overseas combat service in the European Theater of Operations (ETO) was performed with the 83rd Infantry Division.  He indicates that he was only assigned to the 273rd Field Artillery Battalion for separation processing.  He concludes by stating that he is a member of the 83rd Infantry Division Association and would like the 83rd Division reflected on his Bronze Grave Marker at the time of his death.  

4.  Although the applicant’s military personnel file was apparently lost or destroyed during a 1973 fire at the National Personnel Records Center, information reconstructed from documents provided by the applicant show that he was inducted into the Army of the United States on 12 October 1942 and served on active duty until 14 October 1945 at which time he was discharged in the rank of Private First Class.

5.  The evidence of record includes a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation), which was issued to the applicant at discharge.  This form indicates that the applicant’s unit at the time of his separation was Headquarters Battery, 273rd Field Artillery Battalion.  

6.  The WD AGO Form 53-55 also shows that the applicant arrived overseas in the ETO on 16 April 1944 and that he served there until his return to the United States for separation on 9 October 1945.  During his overseas service the applicant participated in the following campaigns of World War II:  the Ardennes; Central Europe; Normandy; Northern France; and the Rhineland.  In addition, the form shows that he earned the European-African-Middle Eastern Campaign Medal with 5 bronze stars and the Good Conduct Medal during his tenure in service.  

7.  The applicant provided as evidence of his unit of assignment two V-Mail forms he prepared while serving in Europe.  The first one was dated in April 1944, shortly after his arrival in the ETO, and was sent from somewhere in England; and the second one was sent in December 1944 and was sent from somewhere in Germany.  These forms show that the applicant’s unit of assignment upon arrival in the ETO was B Battery, 324th Field Artillery Battalion, 83rd Infantry Division and that he continued to serve with that unit while assigned overseas. He also provides an 83rd Infantry Division Association membership card which certifies that he is currently a member of that association in good standing.
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 53-55.  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.  

CONCLUSIONS:

1.  The Board noted the applicant’s contentions and found no reason to doubt their merit.  Further, given the facts and circumstances of this case, the Board concludes that relief is warranted in this case.  There is sufficient evidence to conclude that he was assigned to the B Battery, 324th Field Artillery Battalion, 83rd Infantry Division while serving overseas in the ETO and that Headquarters Battery, 273rd Field Artillery Battalion was likely a transitional unit based on the short period of time between his departure from the ETO and his separation from active duty. 

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was assigned Battery B, 324th Field Artillery Battalion, 83rd Infantry Division.  

BOARD VOTE:  

__sac___  ___amc _  __klw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2000039488	
SUFFIX		
RECON		
DATE BOARDED	2000/07/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/10/14	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.