IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100016487 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his organization as the 690th Field Artillery Battalion.

2.  The applicant states his WD AGO Form 53-55 shows his organization as the 880th Field Artillery.  He contends that he was never assigned to this unit.

3.  The applicant provides copies of his WD AGO Form 53-55 and a certificate showing he was awarded the Croix de Guerre on 30 October 1945 while a member of Battery A, 690th Field Artillery Battalion.

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, the evidence provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows in:

	a.  Item 6 (Organization): "BTRY C, 880TH FA BN"; and

	b.  Item 32 (Battles and Campaigns):  Normandy, Northern France, Rhineland, Ardennes, Central Europe.

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the:

	a.  690th Field Artillery Battalion participated in the same five campaigns as shown on the applicant's WD AGO Form 53-55; and

	b.  880th Field Artillery Battalion only participated in two of the same five campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant participated in the same five campaigns as did the 690th Field Artillery Battalion.  Furthermore, the 880th Field Artillery Battalion only participated in two of these campaigns.  Additionally, the foreign award certificate supports his assertion that he was assigned to the 690th Field Artillery Battalion.

2.  In view of the above, the applicant's WD AGO Form 53-55 should be corrected accordingly.

BOARD VOTE:

____X____  ___X_____  ___X_____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 6 of his WD AGO Form 53-55 the entry "BTRY C, 880TH FA BN" and replacing it with the entry "Battery A, 690th Field Artillery 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)                                         AR20100016487



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ABCMR Record of Proceedings (cont)                                         AR20100016487



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