MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:           2 October 2003                   
		DOCKET NUMBER:  AR2003086501

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman 		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 he did not receive payment for the annual leave he earned while serving overseas in combat.  

APPLICANT STATES:  In effect, that he was never received payment for his annual leave.  He states that he recently became aware that the law changed to entitle him to be paid for this annual leave he accrued while serving on active duty during World War II in a combat status.  In support of his application, he submits a copy of his separation document (WD AGO Form 53-55) and a chronological listing of his military career.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  
The information herein was gleaned for a copy of the applicant’s 
WD AGO Form 53-55.

The applicant’s WD AGO Form 53-55 shows that he entered active duty in the Army on 30 July 1941.  It also confirms that he served overseas in the European Theater Operations (ETO) from 2 September 1943 to 23 September 1945, and that he was honorably separated, in the rank of Technician Five, on 14 October 1945.  

In connection with the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS), Chief, Claims Branch, Directorate of Debt and Claims Management.  This DFAS official confirms that military pay records for the period the applicant served have been destroyed and are no longer available to determine if the applicant did or did not receive payment for annual leave.  This official further states that based on the absence of financial and personnel records, it is recommended that the applicant’s request be denied.  On 11 August 2003, the applicant was provided a copy of this opinion in order to have an opportunity to respond, to date he has failed to reply. 

Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The Board notes the applicant’s contention that he did not receive payment for the annual leave he earned while serving overseas in combat during World 
War II.  However, the Board finds insufficient evidence to support this claim.

2.  Because the applicant’s military pay records have been destroyed, there is insufficient evidence to confirm whether or not he received payment for his accrued leave.  Thus, the Board is unable to render an informed judgment in this case.  As result, there is no evidentiary basis upon which to support granting the requested relief. 

3.  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.

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:

_JM__  ___KN__  __LE___         GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2003086501	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 283	128.0000	
2.		
3.		
4.		
5.		
6.