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ARMY | BCMR | CY2001 | 2001056810C070420
Original file (2001056810C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 August 2001
         DOCKET NUMBER: AR2001056810

         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. Deyon D. Battle Analyst

The following members, a quorum, were present:

Mr. William T. Morrison Chairperson
Mr. Ronald E. Blakely Member
Mr. Joe R. Schroeder 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 his Report of Separation (WD AGO Form 53-55) be corrected to show that he was assigned to the 10th Mountain Division.

APPLICANT STATES: That he spent 3 years with the 10th Mountain Division not the 86th Mountain Infantry Division. He believes that his WD AGO Form 53-55 is incorrect and it should be corrected to show that he served his entire active duty time in the 10th Mountain Division.

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

He was inducted into the Army on 24 April 1943 in Philadelphia, Pennsylvania. He successfully completed his training as a rifleman.

He was honorably discharged for the Convenience of the Government on 24 November 1945.

The WD AGO Form 53-55 that he was furnished at the time of his separation shows that on 10 December 1944, he departed for the European-African-Middle Eastern Theater. His WD AGO Form 53-55 also shows that General Orders 138 was published by Headquarters 10th Mountain Division awarding him the Bronze Star Medal (BSM) for meritorious service in combat in the European-African-Middle Eastern Theater of Operations during 20 February 1945 to 2 May 1945.

Further review of his WD AGO Form 53-55 that he returned to the Continental United States on 26 July 1945. The Report of Separation and the Honorable Discharge Certificate shows his service organization as the 86th Mountain Infantry Division.

A review of the available information fails to show that the applicant served his entire period on active duty with Headquarters 10th Mountain Division. However, historical records show that the 86th Mountain Infantry Regiment was a unit of the 10th Infantry Division.

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. 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.



2. The Board has noted the applicant’s contentions. However, they are unsubstantiated by the evidence of record. Although Headquarters 10th Mountain Division published orders awarding him the BSM, his discharge certificate and his WD AGO Form 53-55 shows that at the time of his discharge the service organization was the 86th Mountain Infantry Division.

3. There is no evidence in the available record to show that he served his entire period on active duty with the 10th Mountain Division or that his WD AGO Form 53-55 is incorrect as currently reflected. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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:

__jrs____ __reb ___ __wtm___ GRANT

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



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




INDEX

CASE ID AR2001056810
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/14
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY Board vote to grant relief
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000.0000
2. 189 110.0000.0000
3.
4.
5.
6.


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