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ARMY | BCMR | CY2003 | 2003087210C070212
Original file (2003087210C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 9 September 2003
                  DOCKET NUMBER: AR2003087210

         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:

Ms. Shirley Powell Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas A. Pagan 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: In effect, that his military occupational specialty (MOS) and organization be changed on his Transcript of Military Record for the period ending 8 January 1946.

APPLICANT STATES: That he was not a truck driver until after June 1946. He contends, in effect, that he was a rifleman with the 25th Tank Battalion of the 14th Armored Division. In support of his application, he submits a copy of his Transcript of Military Record for the period ending 8 January 1946; his WD AGO Form 53-33 (Enlisted Record and Report of Separation) for the period ending
13 April 1947; and a Department of Veterans Affairs letter, dated 3 June 2002.

EVIDENCE OF RECORD: The applicant's military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 and limited pay records.

The applicant's reconstructed records show he was inducted in the Army of the United States in 1944. He served as a light truck driver assigned to the Second Medical Battalion in the European Theater of Operations from 2 April 1945 through 8 September 1945 and was honorably discharged on 8 January 1946 to enlist in the Regular Army. He enlisted in the Regular Army on 9 January 1946, served as a light truck driver and was honorably discharged on 13 April 1947.

The available records do not contain a WD AGO Form 53-55 covering the applicant's period of service from his induction in 1944 to his discharge on
8 January 1946. However, the applicant provided a Transcript of Military Record for this period of service which shows his MOS as 345 (truck driver light) and his organization as Second Medical Battalion.

There is no evidence in the available records which shows the applicant was awarded MOS 745 (rifleman) or that he served as a rifleman during World War II.
There is no evidence in the available records which shows the applicant was assigned to the 25th Tank Battalion of the 14th Armored Division during his assignment in the European Theater of Operations. The applicant's WD Form 371 (Final Payment Roll), dated 10 January 1946, shows his organization as Company A, Second Medical Battalion.

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. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded MOS 745 or that he served as a rifleman during World War II. Therefore, the Board determined that there is insufficient evidence on which to amend the applicant's MOS on his Transcript of Military Record.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was assigned to the 25th Tank Battalion of the 14th Armored Division during his assignment in the European Theater of Operations. Therefore, the Board determined that there is insufficient evidence on which to amend the applicant's organization on his Transcript of Military Record.

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

SP_____ WTM_____ TAP____ DENY APPLICATION



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




INDEX

CASE ID AR2003087210
SUFFIX
RECON
DATE BOARDED 20030909
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0500
2. 100.0000
3.
4.
5.
6.


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