MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   ARAR2000041056

	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	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 essence, removal of a record of being absent without leave for 30 minutes in August 1945.

APPLICANT STATES:  He submits a letter of explanation in which he explains that he was on pass until midnight, but was a half hour late returning.  His commander had held a role call at midnight (2400 hours) and he was reported as AWOL.  He was court-martialed while enroute to his next oversea assignment and he was reduced from staff sergeant to private.  He would like a letter from the Army showing that he was not AWOL.  He also submits copies of extracts of WD AGO Forms 1 (Morning Report) for his unit for 23 and 24 August 1945 and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) issued on 25 December 1945.  He and three of his brothers served in the Army during World War II.   

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from partially reconstructed personnel records supplied by the applicant.

He was a member of the National Guard and was inducted on 1 April 1941.  His branch was shown as Field Artillery, but he served as a supply sergeant.  His WD AGO Form 53-55 also shows that he was qualified as a combat infantryman. The highest rank he held was staff sergeant.  The documents he provided show that he deployed to the European Theater of Operations, arriving on 3 March 1945.  He returned to the United States on 17 July 1945, then deployed to the Pacific Theater of Operations on 15 September 1945.  He returned to the United States on some date in mid-December 1945 for separation.

An extract of the Morning Report for Company F, 343rd Infantry Regiment, Fort Stoneman, California, shows that he was listed as going from duty to AWOL at 1401 hours, 23 August 1945.  A second report shows that he is listed as returning to duty from AWOL at 1230 hours, 24 August 1945.  His rank is shown as staff sergeant.

The WD AGO Form 53-55 shows that he was honorably discharged from active duty on 25 December 1945, with the rank of private.  He was shown as then being assigned to a Field Artillery unit.  He had in excess of 6 years service for longevity pay purposes.  He was credited with one campaign, Central Europe, and his awards and decorations included the Good Conduct Medal, the European-African-Middle Eastern Service Medal, the Asiatic-Pacific Campaign Medal, the American Defense Service Medal, the American Theater Service Medal and the World War II Victory Medal.  He was also awarded the World War II Lapel Button.  No lost time is shown on his separation documents.

Army regulations then in effect provided that the WD AGO Form 1 would be prepared for each unit of the Army.  It was an accounting of the daily strength of Army units, with changes showing assignments, reassignments, absences and the like, by name, rank and Army Service Number.  It was prepared as of midnight on any given day, and signed by the unit commander the next morning. Changes in the form could only be made by the unit upon discovery of erroneous entries.  It also was an official document that could be used in trials by courts-martial to officially document unit absences.  
 
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.  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, in this case, has failed to submit evidence that would satisfy this requirement.

2.  From the documentation provided by the applicant it is clear that he was absent from his unit for approximately 22 1/2 hours (1401 on 23 August to 
1230 on 24 August 1945).  

3.  Notwithstanding his claim, he has provided no evidence, except his statement with the application, that he was absent from his unit for only 30 minutes, from 0001 (midnight) to 0030 on 24 August 1945.  Therefore, the Board can find no basis to change the morning report entries.

4.  Further, the Board is not in a position to change the disciplinary action taken, or his apparent reduction from the rank of staff sergeant to the rank of private due to this incident.  

5.  However, the Board also notes that the applicant served for more than 
6 years in the Armed Forces of his country, to include the entire duration of World War II.  He can be proud of this service and the Board commends him for his dedicated service to his Country.   

6.  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

__jns___  __mhm___  __jtm ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041506	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451225	
DISCHARGE AUTHORITY		
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	134.00	
2.	110.00	
3.		
4.		
5.		
6.