PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 December 2000
	DOCKET NUMBER:   AR2000043823

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		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, reconsideration 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 Company B, 840th Engineer Aviation Battalion as opposed to Company B, 84th Ordnance as is currently listed in the documents.  He requests this action be accomplished in order to set the record straight.

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 9 September 1942 and served on active duty until 14 November 1945 at which time he was discharged in the rank of Technician 5.  

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 Company B, 84th Ordnance.  

6.  The WD AGO Form 53-55 also shows that the applicant arrived overseas in the European Theater of Operations (ETO) on 18 May 1943, and that he served there until his return to the United States for separation on 13 November 1945.  During his overseas service the applicant participated in the following campaigns of World War II:  Normandy; Northern France; Central Europe; and the Rhineland.  In addition, the form shows that he earned the European-African-Middle Eastern Campaign Medal, and Good Conduct Medal during his tenure in service. 

7.  The applicant provided as evidence a unit picture with a supporting list of participant names, including the applicant’s, which shows that his unit as Company B, 840th Engineer Aviation Battalion.  

8.  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 contention and found no reason to doubt its merit.  Therefore, the Board concludes that relief is warranted in this case.  

2.  In the opinion of the Board, the evidence provided by the applicant is sufficient to conclude that he was assigned to the Company B, 840th Engineer Aviation Battalion while serving in the ETO, and that Company B, 84th Ordnance 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. 

3.  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 the organization of the individual concerned on his separation document as Company B, 840th Engineer Aviation Battalion.

BOARD VOTE:  

___jh ___  ___rtd___  ___hof __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar  ______
		        CHAIRPERSON

INDEX

CASE ID	AR2000043823	
SUFFIX		
RECON	1999/09/21	
DATE BOARDED	2000/12/14	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/18	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Convenience of the Government 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.