MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 August 2001
	DOCKET NUMBER:   AR2001056810

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. William T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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 Report of Separation (WD AGO Form 53-55) be corrected to show that he was assigned to the 10th Mountain Division.

APPLICANT STATES:  That he spent 3 years with the 10th Mountain Division not the 86th Mountain Infantry Division.  He believes that his WD AGO Form 53-55 is incorrect and it should be corrected to show that he served his entire active duty time in the 10th Mountain Division.

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 alternate sources.

He was inducted into the Army on 24 April 1943 in Philadelphia, Pennsylvania.  He successfully completed his training as a rifleman.

He was honorably discharged for the Convenience of the Government on 24 November 1945.  

The WD AGO Form 53-55 that he was furnished at the time of his separation shows that on 10 December 1944, he departed for the European-African-Middle Eastern Theater.  His WD AGO Form 53-55 also shows that General Orders 138 was published by Headquarters 10th Mountain Division awarding him the Bronze Star Medal (BSM) for meritorious service in combat in the European-African-Middle Eastern Theater of Operations during 20 February 1945 to 2 May 1945.

Further review of his WD AGO Form 53-55 that he returned to the Continental United States on 26 July 1945.  The Report of Separation and the Honorable Discharge Certificate shows his service organization as the 86th Mountain Infantry Division.

A review of the available information fails to show that the applicant served his entire period on active duty with Headquarters 10th Mountain Division.  However, historical records show that the 86th Mountain Infantry Regiment was a unit of the 10th Infantry Division.

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 has failed to submit evidence that would satisfy this requirement.

2.  The Board has noted the applicant’s contentions.  However, they are unsubstantiated by the evidence of record.  Although Headquarters 10th Mountain Division published orders awarding him the BSM, his discharge certificate and his WD AGO Form 53-55 shows that at the time of his discharge the service organization was the 86th Mountain Infantry Division.  

3.  There is no evidence in the available record to show that he served his entire period on active duty with the 10th Mountain Division or that his WD AGO Form 53-55 is incorrect as currently reflected.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

4.  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:

__jrs____  __reb ___  __wtm___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2001056810	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY  Board vote to grant relief 	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000.0000	
2.  189	110.0000.0000	
3.		
4.		
5.		
6.