PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 March 2001
	DOCKET NUMBER:   AR2000049248

	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. Donald P. Hupman		Member	
	Mr. John T. Meixell		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 the unit of assignment listed in his separation document be corrected.   

3.  The applicant states, in effect, that he was assigned to Company H, 
134th Infantry Regiment, 35th Division and his separation document erroneously listed Company F, 320th Infantry Regiment, 35th Division.  He has included copies of a unit roster in support of his application.  

4.  The applicant’s military records were not available to the Board 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 in that fire.  

5.  Although the applicant’s military personnel file was not available, information reconstructed from documents provided by the applicant show that he was inducted into the Army of the United States on 13 January 1943 and served on active duty until being honorably discharged on 30 November 1945.

6.  The available evidence does include 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 F, 320th Infantry Regiment, 35th Division.

7.  The WD AGO Form 53-55 also shows that the applicant arrived overseas in the European Theater of Operations (ETO) on 25 May 1944 and that he served there until he was returned to the United States to be hospitalized in the Kennedy General Hospital, Memphis, Tennessee until his separation on 
30 November 1945.  

8.  This separation document also reveals that during the applicant’s tenure on active duty he participated in the Northern France campaign of World War II, was wounded in action on 3 August 1945, and earned the following awards and decorations:  European-African-Middle Eastern Campaign Medal with one bronze star; Purple Heart; Expert Infantryman Badge; Victory Medal; and American Theater Medal.

9.  In support of his request, the applicant provided a unit personnel roster from Company H, 134th Infantry Regiment, which confirms he was assigned to the first platoon of that organization. 

10.  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.  Further, given the facts and circumstances of this case, the Board concludes that relief is warranted in this case.  

2.  There is sufficient evidence to conclude that the applicant was assigned to Company H, 134th Infantry Regiment, 35th Division while serving overseas in the ETO and that the unit listed in his separation document was likely a transitional unit based on the short period of time between his departure from the ETO and his hospitalization in Memphis prior to 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 that the individual concerned was assigned to Company H, 
134th Infantry Regiment, 35th Division and by issuing him a correction to his separation document that reflects this change. 

BOARD VOTE:  

___jm___  ___jh____  ___dh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049248	
SUFFIX		
RECON		
DATE BOARDED	2001/03/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/30	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.