PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 December 2000
	DOCKET NUMBER:  AR2000045184

	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. James P. Huber		Chairperson	
	Mr. Kenneth L. Wright		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) and Honorable Discharge Certificate to show that he served with the “5th Armored Division” instead of the “5th Infantry Division”.  

3.  The applicant states, in effect, that his WD AGO Form 53-55 and Honorable Discharge Certificate should show that he served with the “5th Armored Division”, instead of the “5th Infantry Division”.  In support of his application he submits a copy of his WD AGO Form 53-55, a copy of his Honorable Discharge Certificate and several historical documents pertaining to the 5th Armored Division.

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 entered active duty on 27 November 1941.  He served in the European Theater of Operations from 23 February 1944 to 23 July 1945 and was honorably discharged on 7 October 1945. 

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his
own hand, shows “Hq Co 5th Inf Div“ [Headquarters Company, 5th Infantry Division] as his last unit of assignment.  The applicant’s Honorable Discharge Certificate, dated 7 October 1945, shows Headquarters Company 5th Infantry Division as his unit.

6.  The applicant provided several copies of historical documents pertaining to the 5th Armored Division.  This document lists the applicant as a member of 145th Signal Company, 5th Armored Division.

7.  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 evidence of record provided by the applicant shows that he served with the 145th Signal Company, 5th Armored Division during World War II and that Headquarters, 5th Infantry Division 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 “Headquarters Company, 5th Armored Division” and correction of his Honorable Discharge Certificate to show “Headquarters Company, 
5th Armored Division” as his last unit.

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:

a.  by showing the entry “Headquarters Company, 5th Armored Division” in item 6 (Organization) of his WD AGO Form 53-55; and

b.  by reissuing his Honorable Discharge Certificate to show his last unit of assignment as “Headquarters Company, 5th Armored Division”.

BOARD VOTE:  

__jh___  ___kw___  __rw______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___James P. Huber___
		        CHAIRPERSON

INDEX

CASE ID	AR2000045184	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451007	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.