MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           22 July 1999       
	DOCKET NUMBER:   AR1999020200

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of his WD AGO Form
53-55 (Enlisted Record and Report of Separation) to show his organization as “Company F, 142d Regiment, 36th Division”, instead of “Btry B 519th Rocket Field Artillery” [Battery B, 519th Rocket Field Artillery]. 

APPLICANT STATES:  That he was assigned to Company F, 142d Regiment, 36th Division from 12 May 1942 to 16 October 1945.  In support of his application, he submits a copy of a first endorsement, dated 27 July 1945, showing his last organization to which assigned was “Co F, 142 Inf., 36th Div” [Company F, 142d Infantry, 36th Division]; a Decorations and Awards letter, dated 26 July 1945; and a letter, dated 14 January 1999, from a soldier who served with the applicant in Company F, 142 Infantry Regiment, 36th Division during World War II.   

COUNSEL CONTENDS:  The Disabled American Veterans, as counsel for the applicant, supports the applicant’s contention as set forth by the applicant.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
12 May 1942.  He served as a rifleman in the European-African-Middle Eastern Theater from 13 April 1943 to 30 April 1945 and was honorably discharged on 
16 October 1945. 

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows “Btry B 519th Rocket Field Artillery” as his organization.  The applicant’s Honorable Discharge Certificate, dated 9 December 1945, shows Battery B, 519th Rocket Field Artillery as his unit.

The applicant provides a copy of a first endorsement, dated 27 July 1945, which indicates his last organization to which assigned was Company F, 142d Infantry, 36th Division. 

Based on regulation, in effect at the time, a service member’s unit of assignment at the time of his separation from the service was entered in Item 
6 (Organization) of the WD AGO Form 53-55.  The unit shown in item 6 was not necessarily the same unit with which the applicant served during World War II.  If the service member was transferred to a unit at a separation center for the purpose of discharge processing, then the unit shown in item 6 was the unit from which the soldier was separated.  This is an important entry because it assists in locating a soldier’s military records.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Notwithstanding the first endorsement, dated 27 July 1945, which shows the applicant’s last organization was “Co F, 142 Inf., 36th Div”, there is no evidence available to the Board which shows he was assigned to this unit at the time of his separation. 

2.  Evidence of record shows the applicant signed his WD AGO Form 53-55 on
16 October 1945 attesting to the fact that his organization was Battery B, 519th Rocket Field Artillery.  Therefore, he is not entitled to correction of his organization on his WD AGO Form 53-55.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

CMF____  TNK_____  RJW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020200	
SUFFIX		
RECON		
DATE BOARDED	19990722	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451016	
DISCHARGE AUTHORITY	AR 615-365   	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.