IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001934 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of the unit shown in item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 7 December 1946.

2.  He states his WD AGO Form 53-55 shows the 2012th Ordnance Maintenance Company, but he was actually assigned to Company B, 313th Medical Battalion, 88th Infantry Division.  He states a clerk typist made an error and entered the wrong unit.

3.  He provides pages from The Blue Devil, the 88th Infantry Division Association newsletter.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed most of his records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant and documents in his reconstructed NPRC file.

3.  Following a period of inactive service in the Enlisted Reserve Corps, the applicant entered active duty as a member of the Army of the United States (AUS) on 30 March 1945.  On 19 November 1945, he was honorably discharged from the AUS to enlist in the Regular Army (RA).  He enlisted in the RA on 20 November 1945 and he was honorably discharged on 7 December 1946.

4.  Item 6 of his WD AGO Form 53-55 for the period ending 7 December 1946 shows the entry "2012th Ordnance Maintenance Co."

5.  A review of his reconstructed NPRC file failed to reveal documentation confirming he was assigned to Company B, 313th Medical Battalion,
88th Infantry Division. 

6.  He provides pages from the 88th Infantry Division Association newsletter showing he joined the association as a former member of the 313th Medical Battalion.  

7.  Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), in effect at the time, provided instructions for completing the WD AGO Form 53-55.  It stated the form would be completed from the Service Record, Soldiers Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.  

DISCUSSION AND CONCLUSIONS:

1.  While there is no apparent reason to doubt the applicant's claim, in the absence of military records or other corroborating evidence showing Company B, 313th Medical Battalion, 88th Infantry Division was his final unit of assignment prior to his discharge, there is an insufficient basis for correcting his WD AGO Form 53-55 to show that unit.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110001934



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ABCMR Record of Proceedings (cont)                                         AR20110001934



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