MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 May 2002
	DOCKET NUMBER:   AR2002068154

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		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:  That his report of separation (WD AGO Form 53-55) be corrected to show that he served with Company D, 82nd Recon Battery, 2d Armored Division, that his military occupations specialty (MOS) was a military policeman (MP), that he served in the Africa Campaigns, and that his unit was awarded a unit citation for occupation of Berlin from July to August 1945.  

APPLICANT STATES:  That his records should show that he served with the 82d Recon Battery, 2d Armored Division, that he served as an MP, that he participated in the African Campaign and that his unit was awarded a citation for the occupation of Berlin from July to August 1945.  He further states that at the time of his discharge, he told the clerk that his unit was incorrect and she changed it on the copy he received; however, he recently discovered that the form on record did not reflect the change.  In support of his application he submits a picture of a tank with a sign depicting 82d Recon, a picture of someone on a motorcycle which he depicts is himself with the 64th MP Company, a copy of a book listing persons interviewed for a book titled “Breakout at Normandy”, a copy of a 2d Armored Division membership card, and an altered copy of a WD AGO Form 53-55 showing his unit of assignment as 82nd Armored Recon Battalion.

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the surviving records show:

He was inducted on 3 November 1942 and entered active duty in Boston, Massachusetts, on 16 November 1942.  He departed for the European Theater of Operations (ETO) on 4 August 1943. 

The available records show that he served as an MP with the 64th MP Company until 14 December 1944, that he served with the 82d and 92d Armored Recon Squadrons and the 3339th QM Truck Company.  The dates of his assignments to those units cannot be determined by the available evidence.  However, his records show that he served in the Rome Arno, Southern France, Rhineland and Central Europe Campaigns.  The available records also show that he held the MOS of a light machine gunner, motorcyclist, MP and truck driver.

He departed the ETO on 21 November 1945 and arrived in the United States on 2 December 1945.  He was honorably discharged on 8 December 1945, at Fort Devens, Massachusetts.  His WD AGO Form 53-55, which was authenticated by the applicant, indicates that he was a truck driver with the 3339th QM Truck Company and that he participated in four campaigns.  He was also issued an Honorable Discharge Certificate showing he was assigned to the 3339th QM Truck Company. 

A review of the available records fails to show that he participated in the African Campaigns or the defense of Berlin.  They also do not show when he was assigned to specific units in the ETO.

Department of the Army Technical Manual 12-235, in effect at the time, served as the authority for the preparation of the WD AGO Form 53-55.  It provides, in pertinent part, that the form will be prepared at the time of separation to reflect information that is current as of the date of separation.

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.  Although the available records do show that the applicant at one time during his service, served as a MP in an MP unit, his records also show that he subsequently served in other specialties.  

3.  His records also show that he served with the 82d and 92d Armored Recon Squadrons, however, they do not indicate when he served with those units.  His records also show that he served with the 3339th QM Truck Company and while his records do not depict the exact dates of his assignment with that unit, the Board must presume in the absence of evidence to the contrary, that what the Army did in his case was correct.

4.  The Board has also been unable to ascertain that he participated in the African Campaigns or that he was assigned to a unit in Berlin during the period of July to August 1945, that was awarded a unit citation.

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

__jlp ____  __be____  ___tl  ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068154	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.