PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               24 March 1999
	DOCKET NUMBER:      AR1999015681

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of the date of his weapon qualification and dates of departure from the United States and arrival in the European Theater.

3.  The applicant states that he qualified on the M1 Rifle with a score of 183 on 16 May 1943.  He also states that he departed from the United States on 16 January 1944 and arrived in the European Theater on 30 January 1944.  He states that he departed from Europe on 10 January 1946 and arrived in the United States on 22 January 1946.  The applicant describes the ships on which he sailed and his landing on Omaha Beach.  In support of his application, he submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), letter of explanation, and pages 51 through 59 of his autobiography.

4.  The applicant’s military records show that he entered active duty on 15 March 1943.  He completed training as an armorer and served in the European Theater. He was honorably discharged on 29 January 1946.

5.  The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, shows in item 31 (Military Qualification and Date) the entry “M1 RIFLE EXP 183 16 May 1944”.  His WD AGO Form Number 24 (Service Record) shows that he qualified in arms at Camp Reynolds, Pennsylvania, on 19 May 1944.  The record shows that he achieved a score of 183 (Expert) with the M1 Rifle.

6.  The applicant’s WD AGO Form 53-55 shows in item 36 (Service Outside the Continental U.S. and Return) that he departed from the United States on 16 June 1944 and arrived in the European Theater of Operations on 30 June 1944.  This same item shows that he departed from the European Theater of Operations on 10 January 1946 and arrived in the United States on 22 January 1946.

7.   Orders in the applicant’s service record show that he departed Camp Reynolds at Greenville, Pennsylvania, on 9 June 1944 for shipment to the European Theater of Operations.  The applicant’s service record shows under “FOREIGN SERVICE” that he left the New York Port of Embarkation on 16 June 1944 and arrived in England on 30 June 1944.  This record also shows he left Belgium on 10 January 1946 and arrived in New York on 22 January 1946.

8.  The applicant’s Soldier Qualification Card shows the same arrival date in Europe as shown in his service record and on the WD AGO Form 53-55.  His Soldier Qualification Card also shows that he was assigned to the Replacement Depot in Europe on 30 June 1944 and to the Headquarters Ground Forces Replacement Station on 3 August 1944.

CONCLUSIONS:

1.  The applicant’s WD AGO Form 53-55 correctly shows in item 31 that he qualified “Expert” with the M1 Rifle.  However, this entry shows the date of qualification as 16 May 1944.  The applicant’s service records show the date of qualification as 19 May 1944.  Therefore, the applicant is entitled to correction of the date of qualification to show “19 May 1944”.

2.  There is no evidence of record available to the Board and the applicant has provided no evidence which shows that he departed from the United States on 16 January 1944 and arrived in the European Theater on 30 January 1944.  Substantial evidence in the applicant’s records show that he departed the United States on 16 June 1944 and arrived in the European Theater on 30 June 1944.  Therefore, item 36 (Service Outside the Continental U.S. and Return) of the applicant’s WD AGO Form 53-55 is correct as currently constituted and will not be changed.

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, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned qualified (Expert) with the M1 Rifle on “19 May 1944”.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

JEV_____  RWA____  ALR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James E. Vick_________
		     CHAIRPERSON

INDEX

CASE ID	AR1999015681	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990324	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460129	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.