MEMORANDUM OF CONSIDERATION

	 

	BOARD DATE:           24 July 2001                  
	DOCKET NUMBER:   AR2001055395

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 to his assignment organization on his discharge (WD AGO 53-55).

APPLICANT STATES:  That he was in the 97th Field Artillery Battalion at the time of his discharge from the Army and his discharge shows Battery B, 724th Field Artillery Battalion.  He also states he was proud to have served with the 9th Field Artillery Battalion, and he desired to have this unit shown on his burial marker and for family history.  He submits copies of his WD AGO 53-55, an article from the Washington Infantry Journal Press titled “ History of the Third Infantry Division in World War II” in support of his application.

EVIDENCE OF RECORD:  The applicant's military records consist only of his separation document and a Final Payment Roll at the SCU 1449 Separation Center, Fort Bragg, North Carolina.  They show:

He enlisted in the Regular Army on 4 November 1942.

He served in the European-African-Middle Eastern Theater from 29 March 1943 to 7 September 1945.

He was transferred as a corporal from the Battery B, 724th Field Artillery Battalion on 15 September 1945 to the separation center at Fort Bragg, North Carolina.

He was honorably discharged for the Convenience of the Government (Demobilization) on 19 September 1945.

His available records do not show assignment to the 97th Field Artillery Battalion.

Pertinent regulations provide for listing the last assignment unit on separation documents.

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 is not entitled to correction to his discharge document to show his organization assignment as the 9th Field Artillery Battalion.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contentions have been noted by the Board; however, they are not sufficiently supported by his available records, his application or the evidence of record.  There is no error or injustice in his record.

3.  His records clearly show his last duty organization assignment as the Battery B, 724th Field Artillery Battalion until his transfer and separation.
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

_mvt____  _wdp____  _jns___     DENY APPLICATION

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

INDEX

CASE ID	AR2001055395	
SUFFIX		
RECON		
DATE BOARDED	20010724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.