MEMORANDUM OF CONSIDERATION

IN THE CASE OF:       

BOARD DATE:           1 March 2000
DOCKET NUMBER:   AR1999029750

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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 her late husband’s application to correct his records to show that his organization at the time of release from service was the 110th Anti Aircraft Gun Battalion (110th AA Gun BN).

APPLICANT STATES:  In effect, that the former service member (FSM) served with the 110th AA Gun BN and not with the Headquarters and Headquarters Battery, 495th Armored Field Artillery Battalion.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of FSM’s case on 27 May 1999 (COPY ATTACHED).

The applicant submits a copy of a letter of commendation to members of the 110th AAA Gun Bn, a listing of names of Battery “C” from a photo, and a copy of a pass to visit Paris issued to the FSM by the 110th AA Gun BN. These documents were not available to the Board previously, this constitutes new evidence that requires Board review.

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.  While the documents submitted by the applicant show that the FSM was assigned to the 110th AA at some point during his service, it does not document that this was the unit he was assigned at the time of his discharge.

2.  It was a common practice to reassign personnel, for the purpose of discharge, to units other than those they had actually served with.  The records of the service member were then associated with the organization of discharge and stored with that organization’s records.  The discharge document was designed to display the unit at separation so that the soldier’s records could be located.

3.  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

__GDP__  __MMD__  __JS  ___  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029750	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.