PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           30 May 2002                   
	DOCKET NUMBER:   AR20001062512

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Paula Mokulis		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 reconsideration of his request to have his separation document corrected to reflect his assignment with the 9th Field Artillery Battalion.

3.  The applicant states, in effect, that his separation document does not reflect his most significant unit of assignment, the 9th Field Artillery Battalion.  He is proud to have served with that unit during World War (WW) II and desires that his assignment be reflected in family history and on his burial marker.  He states he was only assigned to the unit that is currently reflected on his separation document for out-processing.  He also points out that an earlier Board mistakenly believed he was requesting that the 97th Field Artillery Battalion be reflected on his separation document.  He was, however requesting that his records show that he was in the 9th Field Artillery Battalion.

4.  The Memorandum of Consideration of the Board’s 24 July 2001 review of the case (AR2001055395) is incorporated herein by reference as if wholly set forth.

5.  The applicant’s submission is new argument that requires Board consideration.

6.  The Board previously considered the applicant's request to have his service with the 9th Field Artillery Battalion placed on his separation document, WD AGO Form 53-55 which was issued to the applicant at discharge.  This form indicates that the applicant's unit at the time of his separation was Battery B, 724th Field Artillery Battalion.  The previous case erroneously reflects that the applicant requested his WD AGO Form 53-55 show that he was assigned to the 97th Field Artillery Battalion at time of separation.  This appears to be a typo.  In the discussion portion of the case the Board referred to the 9th Field Artillery Battalion.

7.  The applicant's WD AGO Form 53-55 reflects that he served in the European-African-Middle Eastern Theater from 29 March 1943 to 7 September 1945.  He was separated at Fort Bragg, North Carolina, on 19 September 1945.  This leads the Board to conclude that his separation document correctly reflects the unit he was assigned to at separation, but does not reflect his unit of most significant service.  

8.  In support of his request, he submitted an article from the Washington Infantry Journal Press titled "History of the Third Infantry Division in World War II. It reflects that he was assigned to the 9th Field Artillery Battalion (Medium).  This publication is not an official document and without corroboration cannot be the basis to correct his military records.  The applicant's contention, and the fact that the unit currently listed on his separation document was located at Fort Bragg, North Carolina, which indicates it probably was not the unit he served with in the European-African-Middle Eastern Theater, leads the Board to find no reason to doubt the validity of the applicant's claim of assignment to the 9th Field Artillery Battalion.

9.  Army Regulation 15-185 sets forth the policy and procedures for the Board.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence had been submitted.

10.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in questions, 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 theater to the United States is considered part of the movement to a separation activity.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

12.  The same regulation provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 correctly reflects his unit of assignment at the time of his separation.  In this matter no correction is necessary.  However, the Board concludes some relief is warranted.

2.   The Board noted the applicant's contention and found no reason to doubt its merit.  There is sufficient evidence to conclude that the applicant was assigned to the 9th Field Artillery Battalion in the European-African-Middle Eastern Theater from 29 March 1943 to 7 September 1945.  It would be proper therefore to have this assignment information reflected on his WD AGO Form 53-55.

3.  The Board also notes that based on his service, the applicant is entitled to award of the American Campaign Medal and the War World II Victory Medal

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an error of omission.

RECOMMENDATION:

That the WD AGO Form 53-55 of the individual concerned be corrected by:

a.  showing that he was assigned to the 9th Field Artillery Battalion (Medium), and

b.  showing that he was awarded the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:

___jpi __  ___pm___  ____rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001062512	
SUFFIX		
RECON		
DATE BOARDED	20020530	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.0066	
2.		
3.		
4.		
5.		
6.