MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            8 March 2000
	DOCKET NUMBER:   AR1999030058

	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.

	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 her deceased father’s records be corrected to show that he had no lost time while he was in the Army.  She further requests that she be paid the money that her father, a former service member (FSM) was entitled to because he was not AWOL. 

APPLICANT STATES:  That the Army charged her father with being AWOL when in fact, he had been wounded and he was missing in action (MIA).  She also states that her father was not paid for the period of time that he was charged with being AWOL and she is entitled to the pay that was withheld from her father.  In support of his appeal she submits a copy of a postal telegraph that shows that her father was MIA on 9 November 1942.

EVIDENCE OF RECORD:  The FSM’s military records were partially lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

On 29 January 1941 he enlisted in the Army in the pay grade of E-1.  He successfully completed his training as a military policeman.

The available records show that the FSM’s father was notified by telegraph that he was MIA since 9 November 1942.

Information obtained from the hospital admission cards created by the Office of The Surgeon General, Department of the Army for the periods covering 1942 - 1945 and 1950 – 1954 show that the FSM was hospitalized on 4 April 1943 for a compound fracture that he received as a result of being wounded by a shotgun.  He remained in the hospital for 66 days prior to being released from the hospital and returned to duty on 6 June 1943.

The FSM was convicted by a summary court-martial on or about 21 July 1943 for being AWOL from 1 July until 5 July 1943.  His sentence consisted of a reduction in pay grade and a forfeiture of pay.

He was honorably discharged on 30 August 1945 for the convenience of the government.  He had completed approximately 5 years and 8 months of total active service.  His Enlisted Record and Report of Separation (WD AGO Form 53-55) shows that he had 4 days of lost time.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The Board has noted the applicant’s contentions.  However, they are not supported by the evidence of record.  The record clearly shows that the FSM was MIA in November 1942.  He was hospitalized as a result of a gunshot wound on 4 April 1943 and he was returned to duty on 6 June 1943.  He went AWOL on 1 July 1943, almost 30 days after he was released from the hospital and returned to duty.  His sentence consisted of a reduction in pay grade and a forfeiture of pay and he was not entitled to be paid while he was in an AWOL status.  His WD AGO Form 53-55 appropriately reflects that he had 4 days of lost time.

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 the aforementioned 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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___rvo __  __eja____  ___ewl__  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030058	
SUFFIX		
RECON		
DATE BOARDED	2000/03/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  260	123.0000	
3.  261	123.0100	
4.  		
5.		
6.