MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 September 2000                   
	DOCKET NUMBER:   AR2000044030

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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:  That his discharge papers be corrected to show his unit as Headquarters Battery, 901st Field Artillery Battalion.  

APPLICANT STATES:  That he would like “Headquarters Battery, 901st Field Artillery Battalion” entered on his headstone when he is buried.

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

He was inducted into the Army on 3 December 1943 and entered active duty on 23 December 1943.  He arrived in the European Theater of Operations (ETO) on 21 December 1944.

The applicant’s Service Record, WD AGO Form 24, shows that on an unknown date he was assigned to the 901st Field Artillery Battalion.  On 23 June 1945, he left that organization for transfer to Headquarters Battery, 81st Field Artillery Battalion.  On 12 November 1945, he left Headquarters Battery, 81st Field Artillery Battalion for transfer to the 3531st Ordnance MAM (acronym unknown) Company.  He departed the ETO on 21 November 1945 and arrived in the continental United States on 4 December 1945.  He was separated on              12 December 1945.

Technical Manual 12-235, which prescribed the policy and procedures for the preparation and distribution of separation documents during the period in question, stated that the last unit, or similar element to which the individual was assigned, rather than the element of which he was a part while moving to a separation activity, would be entered in item 6 (organization) of the WD AGO Form 53-55.  It also noted that assignments to units for the purpose of transfer from a theater to the United States was considered part of the movement to a separation activity.

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 evidence of record shows that the applicant’s last actual unit assignment prior to his being transferred from the ETO was Headquarters Battery, 81st Field Artillery Battalion.  Per the instructions in effect at the time, that was the unit that was to be listed on his discharge papers.

2.  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

__aao___  __mhm___  __tfb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044030	
SUFFIX		
RECON		
DATE BOARDED	20000626	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.