MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 October 2000
	DOCKET NUMBER:   AR2000043635

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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:  Correction of item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was wounded in Germany on 17 April 1945, not in France in 1945.  

APPLICANT STATES:  That he was not wounded in France in 1945 but he was wounded in Germany on 17 April 1945.  In support of his application, he submits a copy of a WD AGO Form 53-55 which shows the entry “Wounded in Action in France 1945” in item 34; and a copy of an amended WD AGO Form 53-55 which shows the entry “Wounded in Action in EAME [European-African-Middle Eastern] Theater 17 April 1945”.

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 
17 June 1941.  He served as an anti-tank gunner in the European Theater of Operations from 16 September 1943 to 12 September 1945 and was honorably discharged on 2 October 1945.  

Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “Wounded in Action in France 1945”.

The applicant’s WD AGO Form 53-55 was amended on 5 June 1951 by the Adjutant General.   

The applicant provided a copy of his amended WD AGO Form 53-55 which shows the entry “Wounded in Action in EAME Theater 17 April 1945” in item
34.   

There is no evidence in the available records which shows the applicant was wounded in Germany on 17 April 1945.  

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.  The applicant’s initial WD AGO Form 53-55, which was authenticated in his own hand, shows that he was wounded in action in France in 1945 in item 34.

2.  Item 34 of the applicant’s WD AGO Form 53-55 was amended on 5 June 1951 by the Adjutant General to show that the applicant was wounded in action in the EAME Theater of Operations on 17 April 1945.

3.  The Board noted the applicant’s contention that he was wounded in action in Germany on 17 April 1945.  However, there is no evidence in the available records, and the applicant has provided no evidence, which shows he was wounded in Germany on 17 April 1945.  Therefore, there is no basis for correction of item 34 on the applicant’s amended WD AGO Form 53-55.   

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

EJA____  ALR_____  BFH____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043635	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451002	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.