RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2007 DOCKET NUMBER: AR20060015393 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. Gerard W. Schwartz Acting Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. Paul Smith Chairperson Mr. David Haasenritter Member Mr. Edward Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 3rd Infantry Division instead of the 34th Division. 2. The applicant states, in effect, that item 6 on his WD AGO Form 53-55 shows his organization was Headquarters Company, 1st Battalion, 7th Infantry Regiment, 34th Division. He contends that his service was with Headquarters Company, 1st Battalion, 7th Infantry Regiment, 3rd Infantry Division during World War II. 3. The applicant provides a copy of his WD AGO Form 53-55; a letter, dated 25 September 2006, from a Member of Congress; and his WD AGO Form 100 (Separation Qualification Record). CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 26 June 1946. The application submitted in this case is dated 8 June 2006; however, the application was received in this office on 26 October 2006. 2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant's military records are 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 or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. The applicant was inducted on 29 July 1944. He served in the European Theater of Operations from 1 February 1945 through 13 February 1946 and was honorably discharged on 26 June 1946. 5. Item 6 on the applicant's WD AGO Form 53-55 shows he was assigned to Headquarters Company, 1st Battalion, 7th Infantry, 34th Division. 6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the 7th Infantry Regiment was assigned to the 3rd Infantry Division. DISCUSSION AND CONCLUSIONS: 1. The evidence of record supports the applicant’s contention that his service was with the 3rd Infantry Division during World War II. Department of the Army Pamphlet 672-1 shows that the 7th Infantry Regiment was part of the 3rd Infantry Division not the 34th Division. Therefore, it would be appropriate to correct item 6 on his WD AGO Form 53-55 to show the 3rd Division instead of the 34th Division. 2. Records show the applicant should have discovered the alleged error now under consideration on 26 June 1946; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950 (3 years after the Board was established on 2 January 1947). The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: PS_____ __DH____ _EM____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry “34TH DIV [Division] in item 6 on his WD AGO Form 53-55; and b. adding the entry, “3RD DIV” in item 6 on his WD AGO Form 53-55. __Paul Smith__________ CHAIRPERSON INDEX CASE ID AR20060015393 SUFFIX RECON DATE BOARDED 20070501 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 100.0000 2. 3. 4. 5. 6.