MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 August 2001
	DOCKET NUMBER:   AR2001057006

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner 		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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 effect, that his record and specifically his separation documents (WD AGO Form 53-55 & WD AGO Form 100) be corrected to properly credit him with the proper rank and other specific accomplishments that were erroneously omitted from these documents. 

APPLICANT STATES:  In effect, that there were several errors in his separation qualification record that he would like corrected.  He claims that he did not receive credit for conducting driver’s license training; being qualified in the 
45. Caliber pistol and Carbine Rifle; and serving as a Mess Sergeant, for which he should have been promoted to sergeant or a higher rank.  He finally comments that he is now 73 years old, has medical problems, and would appreciate the Board to evaluate his claim as soon as possible. 

EVIDENCE OF RECORD:  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The available evidence does include a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to and authenticated by the applicant with his signature on the date of his separation. This document verifies that he entered active duty on 2 April 1946 and served until being honorably discharged on 24 April 1947.  

The WD AGO 53-55 also confirms that he held the rank of Technician Five 
(Tec 5) on the date of his separation and that this was the highest rank he held while serving on active duty.  It also shows he held military occupational specialty (MOS) 014 (Automotive Mechanic) and was qualified as a Marksman with the 
M-1 Rifle.  Finally, this document confirms that he served in the Pacific Theater of Operations (PTO) from 28 August 1946 to 7 March 1947 and that during his active duty tenure he earned the  Philippines Independence Ribbon and World War II Victory Medal.

There is also a WD AGO Form 100 (Separation Qualification Record) on file that shows the applicant’s military occupational assignments, which includes service in both MOS 824 (Mess Steward) and 014 (Automotive Mechanic).  This document also confirms that the applicant’s grade was Tec 5 on the date of his separation and his final payment worksheet (WD Form 372A) confirms that he received his final pay in that grade.  The applicant signed this final pay worksheet, in effect, verifying the validity and of his final pay. 

Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 (Burden of proof) states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity and that the applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

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 service record is believed to have been destroyed in a fire at the National Personnel Records Center in 1973.  However, the available evidence does include a properly constituted WD AGO Form 53-55, WD AGO 100, and WD 372A.  

2.  The applicant signed both the WD AGO 53-55 and the WD 372A on the date of his separation, thereby, verifying the information contained therein.  Lacking any independent evidence to the contrary, the Board presumes administrative regularity in the applicant’s separation processing and in his separation documents. 

3.  The Board does not contest the veracity of the statements/contentions made by the applicant and further wishes to congratulate him on his outstanding record of military service.  However, there is no suggestion that he ever addressed the issues he now raises during his separation processing or that he contested any of the information contained in his separation documents at the time they were issued.  

4.  Further, the passage of time, some 50 years after his separation, makes it extremely difficult to verify the claims of error he now makes.  Thus, the Board is compelled to conclude the applicant has failed to meet the regulatory burden of proof necessary to show error or injustice and finds no basis for relief. 

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

__ RJW   _  __BJE __  __JPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057006	
SUFFIX		
RECON		
DATE BOARDED	2001/08/02	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1947/04/24	
DISCHARGE AUTHORITY	AR 1-1	
DISCHARGE REASON	Demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.