PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                3 October 2000
	DOCKET NUMBER:       AR2000042499

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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, correction of his WD AGO Form 
53-55 (Enlisted Record and Report of Separation) to show his organization 
as the “422nd Infantry Regiment, 106th Infantry Division “ instead of 
“Company I, 118th Infantry Regiment”.

3.  The applicant states, in effect, that his last unit of assignment is incorrect.
He also states that the U.S. Army Center for Military History informed his Veterans Service Organization that there was no listing for the 118th Infantry Division.  In support of his application he submits a copy of his WD AGO Form 53-55 and a copy of Standard Form 180 (Request Pertaining to Military Records)
which indicated in the remarks column that the 118th Infantry Division was not a designated unit.

4.  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 21 April 1943 as rifle NCO (745).  He served in the European Theater of Operations from 9 October 1943 to 27 November 1945 and was honorably discharged on 7 December 1945. 

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his
own hand, shows “CO I, 118th INF” [Company I, 118th Infantry Regiment] 
as his last unit of assignment.  

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, lists all units which served in World War II and the Korean Conflict.  This register lists Company I, 118th Infantry Regiment as a valid unit.  However, the 118th Infantry Division is not shown.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 16 June 1997, shows the National Personnel Records Center in St. Louis, Missouri, determined the applicant was entitled to the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.

8.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II.  This regulation states the last unit, or similar element, to which an individual was assigned, rather than the element of which he was a part while moving to a separation activity, will be entered in item 6 (Organization) of the WD AGO Form 53-55.  The regulation also notes that assignment 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 contention that he served in 422nd Infantry Regiment, 106th Infantry Division and found no reason to doubt its 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 422nd Infantry Regiment, 106th Infantry Division during World War II and that Company I, 118th Infantry Regiment was likely a transitional unit based on the short period of time between his departure from the European-African-Middle Eastern Theater of Operations and his separation from active duty.  Therefore, he is entitled to correction of item 6 (Organization) of his WD AGO Form 53-55 to show the entry “422nd Infantry Regiment, 106th Infantry Division” instead of the entry “CO I, 118th INF”[Company I, 118th Infantry Regiment].

2.  The applicant was awarded the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his records to show these awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the entry “422nd Infantry Regiment, 106th Infantry Division” in item
6 (Organization) and in item 33 (Awards and Decorations) of his WD AGO Form 53-55 that the individual concerned was awarded the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:  

JNS_____  RTD____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042499	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451207	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.  46		
3.		
4.		
5.		
6.