MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                  22 June 2000
	DOCKET NUMBER:          AR1999031867

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A Omartian		Member	
	Mr. Roger Able		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his last unit of assignment as 341st Engineer Regiment instead of Company A, 266th Engineer Combat Battalion, 66th Infantry Division.  He also requests that he be awarded the Army of Occupation Medal with Germany Clasp.

APPLICANT STATES:  In effect, that his last unit of assignment on his WD AGO Form 53-55 is incorrect and that he was transferred to the 341st Engineer Regiment in June of 1945.  He also states that he is entitled to campaign credit for his occupational duty while assigned to the 66th infantry Division and that his records failed to mention that he was designated as a 66th Infantry Division Ranger.  In support of his application he submits a copy of his WD AGO Form 53-55, a historical abstract of Chapter VIII “Points of Occupation” from the book of 66th Infantry Division, a copy of “After Germany” from the book of the 341st Engineers and a Certificate of Proficiency from the 66th Infantry Division Ranger.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted on 20 March 1943 as a construction foreman (059).  He served in the European-African-Middle Eastern Theater of Operations from 12 December 1944 to 1 September 1945 and was honorably discharged on 13 March 1946.

The applicant’s WD AGO Form 53-55 shows he was awarded the American Service Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal and the Marksman Marksmanship Badge with Rifle Bar.  His discharge document does not show the Army of Occupation Medal with Germany Clasp.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows “Company A, 266th Engineer Combat Battalion” as his organization. The applicant’s Honorable Discharge Certificate, dated 13 March 1946 shows Company A, 266th Engineer Combat Battalion as his unit.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant’s unit
(Company A, 266th Engineer Combat Battalion, 66th Infantry Division) did not receive occupation credit for service in Germany during World War II.

The Certificate of Proficiency provided by the applicant shows that he was designated as a 66th Infantry Division Ranger.

Based on the regulation in effect at the time, a service member’s unit of assignment at the time of his separation from the service was entered in Item 
6 (Organization) of the WD AGO Form 53-55.  The unit shown in item 6 was not necessarily the same unit with which the applicant served during World War II.  If the service member was transferred to a unit at a separation center for the purpose of discharge processing, then the unit shown in item 6 was the unit from which the soldier was separated.  This is an important entry because it assists in locating a soldier’s military records.

Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May
1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

The regulation in effect at the time provided instructions for the preparation of the WD AGO Form 53-55.  There is no authorized block on the WD AGO Form 53-55 to show certificates of proficiency.  Therefore, certificates were not listed.

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 the applicant’s contention that he was transferred to the 341st Engineer Regiment in June of 1945, there is no evidence available to
the Board, and the applicant has provided no evidence, which shows he was assigned to 341st Engineer Regiment at the time of separation.

2.  Evidence of record shows the applicant signed his WD AGO Form 53-55 on 13 March 1946 attesting to the fact that his organization was Company A, 266th Engineer Combat Battalion.  Therefore, he is not entitled to correction of his organization on his WD AGO Form 53-55.

3.  Evidence provided by the applicant failed to show that he was entitled to or awarded the Army of Occupation Medal with Germany Clasp.

4.  The Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Register shows the applicant’s unit did not receive occupation credit for qualifying service in Germany during World War II.  Therefore, he is not entitled to the award of the Army of Occupation Medal with Germany Clasp.

5.  Evidence of record shows that he was designated as a 66th Infantry Division Ranger; however, in accordance with regulation in effect at that time, certificates will not be entered on the WD AGO Form 53-55.  Therefore, he is not entitled to correction of his records to show that he was designated as a 66th Infantry Division Ranger.

6.  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.

7.  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:

LLS_____  AAO____  RA_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR1999031867	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000622	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460313	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.  113		
3.		
4.		
5.		
6.