BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150008128 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 his Honorable Discharge Certificate and/or WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show his unit of assignment as Company E, 66th Infantry Regiment, 71st Division, instead of Company F, 60th Infantry. 2. The applicant states he assumed an individual at Camp Carson only saw the part where the 71st was temporarily attached to the 60th Infantry Regiment. 3. The applicant provides his Honorable Discharge Certificate. 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 the applicant's records were lost or destroyed in this 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 and entered active duty at Fort McPherson, GA on 30 May 1944. This form also shows that at the time of separation, the applicant held military occupational specialty 745 (Rifleman). 4. His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 26 January 1945 and arrived in the European Theater of Operations (ETO) on 7 February 1945. He departed the ETO on 7 July 1946 and arrived back in CONUS on 9 July 1946. 5. He completed 1 year, 1 month, and 17 days of continental service and 1 year, 5 months, and 13 days of foreign-service. 6. Special Orders Number 216, issued by Headquarters, Camp Carson, CO, on 31 October 1946, ordered his release from the Separation Point on 30 December 1946 and separation from active duty. 7. He was honorably separated on 30 December 1946. He was also issued an Honorable Discharge Certificate on this date that shows he was honorably separated in the rank of private first class and that he was assigned to Company F, 60th Infantry. 8. Item 6 (Organization) of his WD AGO Form 53-55 shows the entry "Company F, 60th Infantry" indicating at the time of his separation he was assigned to this unit. 9. There are no assignment, reassignment, or attachment orders in his reconstructed record which confirm his assignment/attachment to Company E, 66th Infantry Regiment, 71st Division. 10. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24 that for item 6 (Organization) of the WD AGO Form 53-55, enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity. Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity. DISCUSSION AND CONCLUSIONS: 1. There is insufficient evidence to establish what unit the applicant served with during World War II. The available evidence, consisting only of his Honorable Discharge Certificate and WD AGO Form 53-55, lists his unit as Company F, 60th Infantry Regiment. There is no evidence in the reconstructed record or provided by the applicant to show a different unit. 2. If the applicant is able to provide assignment/reassignment orders, award certificates or orders, or any other documentary evidence listing his unit of assignment, he may reapply to this Board within the allotted timeframe. 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) AR20150008128 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008128 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1