| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: Reconsideration of his application to correct his records by showing in item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) that his last unit of assignment was the 79th Infantry Division.
APPLICANT STATES: In effect, that he is now providing additional proof that he was assigned to the 79th Infantry Division at the time of his discharge.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records, which were summarized in the decisional document, prepared to reflect the Board's previous consideration of the case (AR2000047015) on 15 May 2001.
The applicant submits two photographs of his Army uniform, a detailed personal statement of his military service, an excerpt of the 79th Infantry Division history, and official correspondence from the War Department to his mother concerning his status as a battle casualty.
The applicant’s submissions are new evidence and/or argument that require Board consideration.
In his personal statement of military service, the applicant states that he was assigned to the 193rd QM Gas Company (shown on his WD AGO Form 53-55) in January/February 1945. A short time after 8 May 1945, he was transferred to the 79th Infantry Division and issued their shoulder patch, which is shown in the two photographs of him with his uniform. He states that he was assigned to a company issuing bulk food items but does not further identify the unit by name or numerical designation. He remained assigned to the 79th Infantry Division until he was separated.
The one page of the unit history he provides shows two maps of the 79th Infantry Division operations and their order of battle during 1944-45. The applicant provides one Western Union Telegram and three War Department letters addressed to his mother that discuss the applicant's status as a battle casualty. They are dated June through August 1944, long before his stated assignment to the 79th Infantry Division. None of the correspondence identifies his unit of assignment.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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 that the applicant is shown in a photograph with the 79th Infantry Division shoulder patch on his Army uniform, this is not considered a sufficient basis to alter an official War Department document. The applicant's WD AGO Form 53-55 is considered administratively correct unless substantial relevant evidence is presented to show otherwise.
2. The unit history and the War Department correspondence have no relevance to the applicant's contention that his last unit of assignment was the 79th Infantry Division.
3. Unfortunately, there is no available evidence to substantiate the applicant’s contention that his last unit of assignment should be shown as the 79th Infantry Division. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
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
__jns___ __eja___ __tl____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | 2002068087 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020625 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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