PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 March 2002                   
	DOCKET NUMBER:   AR2002066725

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		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 that his Report of Separation, WD AGO Form 53-55, and his Honorable Discharge Certificate be corrected to show his correct last name and that his WD AGO Form 53-55, item 6 be corrected to show his unit as the 506th Parachute Infantry Regiment.

3.  The applicant states that his name is M___k, not M___i.  He states that the incorrect name has caused problems when he applied for Department of Veterans Affairs (VA) health care.  He states that he was assigned to the 506th Parachute Infantry Regiment, not the 504th Infantry Parachute Regiment.  He provides his birth certificate as supporting evidence.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

5.  The provided Certificate of Live Birth shows the applicant’s last name as M___k.

6.  The applicant was inducted into the Army on 12 November 1943 and entered active service on 3 December 1943.  He departed for the European Theater of Operations on 7 August 1944.  General Orders 18, Headquarters, 192d General Hospital dated 29 September 1944 awarded the applicant the Purple Heart.  Those orders list his unit as the “586 Prcht Inf 101 Arbne Div.”  These orders also show his name spelled as M___i.  He departed the Theater on 29 December 1945 and he separated on 24 January 1946.

7.  The spelling of the applicant’s name in item 1 of the WD AGO Form 53-55 is partially illegible; however, he signed the form “M___k.”  Item 6 shows his organization as “CO D, 504th Prcht, 101 A/B DIV.”  Item 30 shows he served as a rifleman and item 4 shows his arm as infantry.  His Honorable Discharge Certificate shows his name as M___i.  A Final Payment Work Sheet – Memorandum Copy, WD Form 3728, shows his name spelled yet a third way.

8.  Department of the Army Pamphlet 672-1 lists the 504th Parachute Infantry Regiment as being assigned to the 82d Airborne Division.  It lists the 506th Parachute Infantry Regiment as being assigned to the 101st Airborne Division.  It does not list a “586th Parachute Infantry Regiment” as serving during World War II.  It lists the 506th Parachute Infantry Regiment as having occupation credit for Germany for the period 1 April – 1 August 1945.

9.  On 3 May 2001, the National Personnel Records Center authorized, in addition to awards already listed on his WD AGO Form 53-55, issuance of the Combat Infantryman Badge, the Bronze Star Medal, and the World War II Victory Medal to the applicant.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  For Germany, service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  

2.  The Board notes that the applicant’s name on the provided birth certificate is M___k but his induction and most other Army records are not available so it cannot be determined under which name he was inducted or served.  The Board notes how he signed his name on his WD AGO Form 53-55; however, while the Board understands the applicant’s desire to have the records changed it finds no basis for compromising the integrity of the Army’s records.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  This Board action will, however, be filed in his military records so a record of his birth name will be on hand.  He may also provide it to the VA when the need to explain the discrepancy arises.

3.  There appears to be an error in item 6 of the applicant’s WD AGO Form      53-55.  It lists his organization as Company D, 504th Parachute Infantry Regiment, 101st Airborne Division.  However, the 504th Parachute Infantry Regiment was assigned to the 82d Airborne Division, not the 101st Airborne Division.  The applicant contends he was assigned to Company D, 506th Parachute Infantry Regiment.  The 506th Parachute Infantry Regiment was assigned to the 101st Airborne Division.  His Purple Heart orders showed he was assigned to the 586th Parachute Infantry Regiment, 101st Airborne Division.  Since no unit designated the 586th Parachute Infantry Regiment served during World War II, it appears this may have been a typographical error meant to be the 506th Parachute Infantry Regiment, 101st Airborne Division.  It appears to the Board that the applicant was assigned to the 506th and not the 504th Parachute Infantry Regiment. 

4.  In addition to the awards listed on the applicant’s WD AGO Form 53-55, he was authorized issuance of the Combat Infantryman Badge, the Bronze Star Medal, and the World War II Victory Medal.  He also met the eligibility criteria for award of the Army of Occupation Medal with Germany clasp.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

1.  That the applicant’s WD AGO Form 53-55, item 6 be amended to show his organization as Company D, 506th Parachute Infantry Regiment, 101st Airborne Division and item 33 be amended to add the Combat Infantryman Badge, the Bronze Star Medal, the World War II Victory Medal, and the Army of Occupation Medal with Germany clasp.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jns___  __lds___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002066725	
SUFFIX		
RECON		
DATE BOARDED	20020321	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	100.00	
3.		
4.		
5.		
6.