RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 December 2004
      DOCKET NUMBER:  AR2004101050


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, reconsideration of his request that he be
credited
with participation in the Normandy, Northern France and Ardennes campaigns
of World War II and that corrections be made to the Board’s original
Record of Proceedings.

2.  The applicant states, in effect, that the Record of Proceedings
published in his case contained several errors and that the service record
being reviewed could not have been his.  He claims that credit for the
campaigns requested is of no importance, but a correction to the date he
arrived in France is.  He states
his biography is based on his arrival in France during the month of
September 1944 and he will go to any length to have that date corrected.
He further states that he did not arrive in the European Theater of
Operations (ETO) until February of 1944, not 26 May 1943 as is indicated in
the Board’s original decisional document.  He also states that the date
listed as his departure date from the ETO for return to the United States,
14 October 1945, is incorrect and that although he was scheduled to depart
on that date, the ship blew a boiler and they sailed a few days later.  He
provides background on his service in France and suggests that it may be
impossible to get his records straight and if so, he would like a copy of
his December 26, 2003 letter added to his Official Military Personnel File
(OMPF).  The applicant also requests that flight manifests and other
historical travel records be checked to verify the dates he traveled to
France.

3.  The applicant provides a self-authored letter in support of his
reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003089821 on 13 November 2003.

2.  The applicant’s Service Record (WD AGO Form 24) contains entries in the
foreign service section that confirm he departed the United States for duty
in Goose Bay, Labrador, American Theater of Operations (ATO), on 25 May
1943.  These entries further show he arrived in Labrador on 26 May 1943,
that he departed there on 22 December 1943 and arrived in the United States
of America (USA) on 25 December 1943.
3.  The applicant’s Service Record further shows that he departed the USA
for the ETO on 7 February 1944 and arrived in England on 9 February 1944;
and that he departed England for France on 18 December 1944, and arrived in
Paris the same day.  The record also shows he departed the ETO from France
on
14 October 1945 and that he arrived back in the USA on 21 October 1945.  It
is noted that the WD AGO Form 24 correctly lists the applicant’s last name
with the letter “r” as the third letter.

4.  An insert to the foreign service section of the applicant’s Service
Record summarizes his overseas service and confirms he served at the
following locations for the periods indicated:  Labrador, from 25 May 1943
to 22 December 1943; United Kingdom, from 7 February 1944 to 18 December
1944; France, from 18 December 1944 to 11 July 1945; Spain, from 12 July
1945 to 12 August 1945 and France, from 13 August 1945 to 14 October 1945,
at which time he departed the ETO for return to the USA.

5.  The applicant’s separation document (WD AGO Form 53-55) contains an
entry, in Item 36 (Service Outside Continental United States), indicating
that he departed the USA to serve in the ATO (Labrador) on 25 May 1943 and
that he arrived there for duty on 26 May 1943.  It also contains an entry
indicating that he departed the ATO on 14 October 1945 and arrived in the
USA on 21 October 1945.  It is noted that Item 1 (Name) of the WD AGO Form
53-55 incorrectly reflects the letter b as the third letter of his last
name.

6.  The Board’s 13 November 2003 Record of Proceedings indicated that the
applicant’s record showed he served in the ETO from 26 May 1943 through
14 October 1945.  It also indicated that the applicant served in France
from
18 December 1944 through 11 July 1945.

7.  Army Regulation 15-185 governs the operation of the Army Board for
Correction of Military Records (ABCMR).  It stipulates, in pertinent part,
that the ABCMR will decide cases on the evidence of record and that the
Board is not an investigative body.  It further states, in effect, that the
ABCMR begins its consideration of each case with the presumption of
administrative regularity, that is there is a presumption the information
in the military record is correct, and the applicant has the burden of
proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the original Board decisional document
contained errors in the evidence of record outlined was carefully
considered and found to have partial merit.

2.  The evidence of record confirms the applicant’s foreign service, as
documented in his Service Record, was not accurately transferred to his
WD AGO Form 53-55, and was misrepresented in the Board’s original
decisional document.  As a result, it would be appropriate to correct Item
36 of the applicant’s separation document to accurately reflect the foreign
service recorded in his Service Record.

3.  Although the veracity of the applicant’s claim that he began his
service in France in September 1944 is not in question, his Service Record
indicates he departed England for France on 18 December 1944.  The record
furthers shows that he served in France from 18 December 1944 through 11
July 1945 and again from 13 August 1945 through 14 October 1945, at which
time he departed for return to the USA.  It is quite possible the applicant
moved in and out of France performing duty for his unit that was not
reflected in his Service Record.  However, absent any documentary evidence
to corroborate the applicant’s claim and given the multiple service record
entries confirming the periods he served in France, there is an
insufficient evidentiary basis to support granting this requested relief.

4.  By regulation, the Board considers a case based on the evidence of
record and independent evidence it is provided.  The Board is not an
investigative body and the burden of proving an error or injustice rests
with the applicant.  In this case, the applicant’s request that the Board
research historical flight records is not viable; however, a copy of his
self-authored letter will be filed with this decisional document to provide
his summary of his overseas service.

5.  Although the applicant did not raise this issue, it was noted during
the review of this case that the third letter of the applicant’s last name
is incorrectly entered as b on his separation document.  The third letter
of the applicant’s last name is actually “r”, as reflected in his military
record.  Given his military records document his correct last name and he
clearly performed his military service under his correct last name, it
would appropriate to correct the last name listed in Item 1 of his WD AGO
Form 53-55 to reflect the letter “r” as the third letter.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MDM_  __JED___  __JBG __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR2003089821.
As a result, the Board recommends that all Department of the Army records
of the individual concerned be corrected by amending his WD AGO Form 53-55
as follows:

      a.  Item 1 - replace the letter b entered as the third letter of his
last name with the correct letter “r”;


      b.  Item 36 - add an entry showing he departed the USA on 25 May 1943,
arrived in the ATO on 26 May 1943, departed the ATO on 22 December 1943 and
arrived in the USA on 25 December 1943;


      c.  Item 36 - add an entry showing he departed the USA on 7 February
1944, arrived in the ETO on 9 February 1944, departed the ETO on 14 October
1945 and arrived in the USA on 21 October 1945; and


      d.  providing him a corrected separation document that reflects these
changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the record of the individual concerned by correcting his arrival
date in France and his departure date from the ETO.




            ____Mark D. Manning____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101050                            |
|SUFFIX                  |                                        |
|RECON                   |2003/11/13 (AR2003089821)               |
|DATE BOARDED            |2004/12/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/10/26                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  2110 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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