IN THE CASE OF: BOARD DATE: 31 January 2012 DOCKET NUMBER: AR20110015102 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, in effect, correction of item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). 2. He states the current unit shown, which is the Reconnaissance Company, 803rd Tank Destroyer Battalion, is incorrect. Headquarters Company, 308th Engineer Battalion, 83rd Infantry Division was his only unit of assignment during his military career. 3. He provided a copy his discharge document and an 83rd Infantry Division Association Membership Card. 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. His record shows he enlisted in the Army on 4 September 1942. After completion of training, he served in military occupational specialty 870 (Chemical Noncommissioned Officer). 4. He served in the European Theater of Operations during World War II (WWII) from 20 April 1944 to 23 November 1945. 5. His record is void of a Service Record; however, a Clinical Record Brief, dated 17 February 1944 and a Register of Dental Patients Form, dated 1 June 1945, list the applicant’s unit of assignment as Headquarters Company, 308th Engineer Battalion. 6. His WD AGO Form 53-55 shows he was honorably discharged on 6 December 1945. Item 6 of this document contains the entry “Reconnaissance Company, 803rd Tank Destroyer Battalion.” 7. Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55, Organization, be completed as follows: "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. His request to amend item 6 of his WD AGO Form 53-55 was carefully considered and was determined to have merit. 2. A Clinical Record Brief and a Register of Dental Patients Form both list his unit of assignment as Headquarters Company, 308th Engineer Battalion. 3. It appears that the applicant was assigned to Headquarters Company, 308th Engineer Battalion during WWII, and was only assigned to the Reconnaissance Company, 803rd Tank Destroyer Battalion for the purpose of transfer back to the United States. 4. As such, it would serve the interest of justice to amend item 6 of his WD AGO Form 53-55 and show his unit as Headquarters Company, 308th Engineer Battalion. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ ___X___ ___X___ 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 amending item 6 of his WD AGO Form 53-55 by deleting the entry “Reconnaissance Company, 803rd Tank Destroyer Battalion” and replacing it with “Headquarters Company, 308th Engineer 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) AR20110015102 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110015102 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1