IN THE CASE OF: BOARD DATE: 11 April 2023 DOCKET NUMBER: AR20220009233 APPLICANT REQUESTS: correction of item 6 (Organization) on his WD AGO Form 53- 55 (Enlisted Record and Report of Separation Honorable Discharge) to reflect 69th Infantry Division, Battery B, 879th Field Artillery in lieu of 296 M.P. CO. He also requests a personal appearance before the Board via video/telephone. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he would like to correct the company that he was assigned to while serving in World War II. He served with the 69th Infantry Division, Battery B, 879th Field Artillery and would like that on his WD AGO 53-55. It was the main unit he served with, and he wants to be recognized with his main unit. 3. 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of a WD AGO Form 53-55. 4. The applicant was inducted into the Army of the United States on 6 May 1943. He entered active service on 13 May 1943. 5. He served in the European Theater from on or about 12 December 1944 until on or about 7 April 1946. 6. He had 1 year, 7 months, and 4 days continental service and 1 year, 4 months, and 18 days foreign service. 7. He was honorable separated on 4 May 1946 for the convenience of the government under Army Regulation (AR) 615-365 Enlisted Men - Discharge Convenience of the Government) for demobilization. Item 6 (Organization) of his WD AGO Form 53-55 shows the entry 296 Military Police Company indicating at the time of his separation he was assigned to this unit. 8. 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. BOARD DISCUSSION: 1. The Board determine the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant served on active duty from 13 May 1943 to 4 May 1946. His service records are not available for review. His WD AGO Form 53-55 reflects his last unit of assignment as 246th MP Company. In the absence of evidence to the contrary, the Board must presume administrative regularity. If the applicant has additional documentary evidence to show he was assigned to a different unit, he may resubmit his application for reconsideration. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. 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. REFERENCES: 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 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. 2. Army Regulation (AR) 615-365 (Enlisted Men – Discharge – Convenience of the Government), in effect at the time, provided the provisions for the discharge of enlisted men for the convenience of the Government by authority of the Secretary of War. It stipulated, unless otherwise directed by Army Regulation 615-360, an honorable discharge from the Army of the United States would be issued. All discharge certificates executed “for the convenience of the Government” would, in addition to that phrase, contain a sort statement indicating the specific cause for the discharge. 3. 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. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009233 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1