MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:          25 June 2002                    
DOCKET NUMBER:  AR2002068087

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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:  Reconsideration of his application to correct his records by showing in item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) that his last unit of assignment was the 79th Infantry Division.

APPLICANT STATES:  In effect, that he is now providing additional proof that he was assigned to the 79th Infantry Division at the time of his discharge.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records, which were summarized in the decisional document, prepared to reflect the Board's previous consideration of the case (AR2000047015) on 15 May 2001.

The applicant submits two photographs of his Army uniform, a detailed personal statement of his military service, an excerpt of the 79th Infantry Division history, and official correspondence from the War Department to his mother concerning his status as a battle casualty.

The applicant’s submissions are new evidence and/or argument that require Board consideration.

In his personal statement of military service, the applicant states that he was assigned to the 193rd QM Gas Company (shown on his WD AGO Form 53-55) in January/February 1945.  A short time after 8 May 1945, he was transferred to the 79th Infantry Division and issued their shoulder patch, which is shown in the two photographs of him with his uniform.  He states that he was assigned to a company issuing bulk food items but does not further identify the unit by name or numerical designation.  He remained assigned to the 79th Infantry Division until he was separated.

The one page of the unit history he provides shows two maps of the 79th Infantry Division operations and their order of battle during 1944-45.  The applicant provides one Western Union Telegram and three War Department letters addressed to his mother that discuss the applicant's status as a battle casualty.  They are dated June through August 1944, long before his stated assignment to the 79th Infantry Division.  None of the correspondence identifies his unit of assignment.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

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.  Notwithstanding that the applicant is shown in a photograph with the 79th Infantry Division shoulder patch on his Army uniform, this is not considered a sufficient basis to alter an official War Department document.  The applicant's WD AGO Form 53-55 is considered administratively correct unless substantial relevant evidence is presented to show otherwise.

2.  The unit history and the War Department correspondence have no relevance to the applicant's contention that his last unit of assignment was the 79th Infantry Division.

3.  Unfortunately, there is no available evidence to substantiate the applicant’s contention that his last unit of assignment should be shown as the 79th Infantry Division.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns___  __eja___  __tl____  DENY APPLICATION

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

INDEX

CASE ID	2002068087	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.