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ARMY | BCMR | CY2001 | 2001062367C070421
Original file (2001062367C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001062367

         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Roger W. Able Member
Mr. Terry L. Placek 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 item 32 (Battles and Campaigns) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the specific countries in which he served.

APPLICANT STATES: That the countries in which he served are not listed in item 32 (Battles and Campaigns) on his discharge document, especially France. In support of his application, he submits a Standard Form 180 (Request Pertaining to Military Records), dated 27 August 2001; a copy of his WD AGO Form 53-55; and documentation pertaining to the Embassy of France “Thank-You-America Certificate”.

EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 5 April 1941. He served as a platoon sergeant in the European Theater of Operations and was honorably discharged on
29 September 1945.

Item 32 (Battles and Campaigns) on the applicant’s WD AGO Form 53-55 shows the entry, “Central Europe.”

Appendix B (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards), in pertinent part, lists each campaign of the European-African-Middle Eastern Theater during World War II. The Central Europe Campaign (22 March 1945 to 11 May 1945) is listed in Appendix B.

Special Regulations Number 615-360-1 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. This regulation governed preparation of the discharge document. In pertinent part, it directs that Battles and Campaigns will be entered in item 32 (Battles and Campaigns). The regulation provides no authority to show specific countries in item 32.

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 Board noted the applicant’s request to show specific countries in item
32 (Battles and Campaigns) on his WD AGO Form 53-55. However, the governing regulation provides no authority to show specific countries in item
32 on the WD AGO Form 53-55. Therefore, there is no basis for granting the applicant’s request.
2. 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.

3. 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

LLS____ RWA_____ TLP____ DENY APPLICATION



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



INDEX

CASE ID AR2001062367
SUFFIX
RECON
DATE BOARDED 20020108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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