| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that he did not receive payment for the annual leave he earned while serving overseas in combat.
APPLICANT STATES: In effect, that he was never received payment for his annual leave. He states that he recently became aware that the law changed to entitle him to be paid for this annual leave he accrued while serving on active duty during World War II in a combat status. In support of his application, he submits a copy of his separation document (WD AGO Form 53-55) and a chronological listing of his military career.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center in 1973.
The information herein was gleaned for a copy of the applicant’s
WD AGO Form 53-55.
The applicant’s WD AGO Form 53-55 shows that he entered active duty in the Army on 30 July 1941. It also confirms that he served overseas in the European Theater Operations (ETO) from 2 September 1943 to 23 September 1945, and that he was honorably separated, in the rank of Technician Five, on 14 October 1945.
In connection with the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS), Chief, Claims Branch, Directorate of Debt and Claims Management. This DFAS official confirms that military pay records for the period the applicant served have been destroyed and are no longer available to determine if the applicant did or did not receive payment for annual leave. This official further states that based on the absence of financial and personnel records, it is recommended that the applicant’s request be denied. On 11 August 2003, the applicant was provided a copy of this opinion in order to have an opportunity to respond, to date he has failed to reply.
Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The Board notes the applicant’s contention that he did not receive payment for the annual leave he earned while serving overseas in combat during World
War II. However, the Board finds insufficient evidence to support this claim.
2. Because the applicant’s military pay records have been destroyed, there is insufficient evidence to confirm whether or not he received payment for his accrued leave. Thus, the Board is unable to render an informed judgment in this case. As result, there is no evidentiary basis upon which to support granting the requested relief.
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 this requirement.
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:
_JM__ ___KN__ __LE___ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003086501 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 283 | 128.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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