IN THE CASE OF: BOARD DATE: 25 September 2012 DOCKET NUMBER: AR20120005249 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 item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 717th Tank Battalion instead of Service Battery, 550th Field Artillery Battalion. 2. The applicant states the 550th Field Artillery Battalion was inactivated on 8 February 1946. 3. The applicant provides his WD AGO Form 53-55. 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 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. 3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 15 July 1944. He served in the European Theater of Operations from 11 March 1945 to 27 July 1945 and he was honorably discharged on 3 July 1946. 4. His WD AGO Form 53-55 shows in item 6 he was assigned to Service Battery, 550th Field Artillery Battalion. 5. There is no evidence of record which shows he was assigned to the 717th Tank Battalion during World War II. 6. Information obtained from Wikipedia states the 550th Field Artillery Battalion was deactivated on 8 February 1946 and Headquarters and Headquarters Battery, 550th Field Artillery Battalion was redesigned on 1 August 1946 as the 550th Field Artillery Battery. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the 550th Field Artillery Battalion was deactivated on 8 February 1946 but his WD AGO Form 53-55 for the period ending 3 July 1946 shows his organization as Service Battery, 550th Field Artillery Battalion. 2. Information obtained from the internet confirms the 550th Field Artillery Battalion was deactivated on 8 February 1946. 3. It is acknowledged there is no evidence of record and the applicant did not provide any evidence that shows he was assigned to the 717th Tank Battalion. However, any reasonable doubt should be resolved in the applicant's favor; therefore, the recollection of his last assignment is accepted as sufficient evidence on which to amend item 6 of his WD AGO Form 53-55. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 6 of his WD AGO Form 53-55 and replacing it with the entry "717th Tank Battalion." ____________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) AR20120005249 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005249 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1