MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:              12 September 2000
	DOCKET NUMBER:     AR2000039093

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Carol Jo Suiter		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) with a separation date of 12 March 1946 to show his organization as “Company A, 144th Infantry Regiment” instead of “Company C, 141st Infantry Regiment, 36th Infantry Division”.

APPLICANT STATES:  In effect, that item 6 (Organization) of his WD AGO Form 53-55 is incorrect.  In support of his application he submits a copy of his WD AGO Form 53-55 with a separation date of 12 March 1946 and a copy of his NA Form 13038 (Certificate of Military Service).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in
Company A, 144th Infantry Regiment of the Texas Army National Guard (TXARNG) on 23 September 1940 and was inducted on 25 November 1940 into Federal Service.  He continued to serve until he was honorably discharged on 17 January 1943 in order to accept an appointment as a second lieutenant in the Army of the United States (AUS).  He was appointed as a second lieutenant on 18 January 1943 in the Infantry Corps in the AUS and continued to serve until he was released from active duty on 12 March 1946. 

The applicant’s WD AGO Form 53-55 for the period 23 September 1940 to 17 January 1943 is not in the records available to this Board.

The applicant’s WD AGO Form 53-55 with a separation date of 12 March 1946, which was authenticated in his own hand, shows “Company C, 141st Infantry Regiment, 36th Infantry Division” as his organization. 

The applicant’s records show that he served and was assigned to Company A, 144th Infantry Regiment during his first enlistment.  His records also show that he served and was assigned to several units during his second enlistment and that Company C, 141st Infantry Regiment, 36th Infantry Division was his last unit of assignment.

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. 

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.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was assigned to Company A, 144th Infantry Regiment at the time of his separation on 12 March 1946.

2.  Evidence of record shows the applicant served in Company A, 144th Infantry Regiment as an enlisted man.  

3.  The applicant was commissioned on 18 January 1943 and there is no evidence he served in Company A, 144th Infantry Regiment as an officer.  He signed his WD AGO Form 53-55 on 12 March 1946 attesting to the fact his last unit of assignment was Company C, 141st Infantry Regiment, 36th Infantry Division.  Therefore, there is no basis to change item 6 (Organization) of his WD AGO Form 53-55 with a separation date of 12 March 1946 to show Company A, 144th Infantry Regiment as his last unit of assignment.

4.  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 this requirement.

5.  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:

CMF____  FE_____  CJS_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000039093	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460312	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.