IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080015585 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his earlier petition that the Army Serial Number (ASN) listed on the separation document (WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service) of his deceased father, a former service member (FSM), be corrected.

2.  The applicant states, in effect, that he is providing further evidence to support changing the eighth digit of his father's ASN from a 2 to a 3.  He also states that although his father's participation in the Rhineland and Ardennes campaigns was mentioned in the Record of Proceedings, he believes his father should also have been credited with participating in the Northern France and Central Europe campaigns.  He also states that there was no mention of battle stars (bronze service stars) with the FSM's European-African-Middle Eastern (EAME) Campaign Medal based on his campaign participation.

3.  The applicant provides a self-authored letter and the six documents listed in this 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 AR20080005999, on 4 September 2008.

2.  The FSM's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM's WD AGO Form 53-98; his final pay voucher (WD Form 384, Officers' Pay Allowance, and Mileage Voucher); a Certification of Military Service, dated 16 December 1981; and miscellaneous documents remaining in the NPRC file and those provided by the applicant.

3.  The FSM enlisted in the Army and entered active duty in an enlisted status on 4 March 1943.  The NPRC file contains Headquarters, 137th Infantry, General Orders Number 12, dated 1 December 1944, which awarded the FSM the Combat Infantryman Badge (CIB) for action in France while assigned to Company K, 137th Infantry.  However, it does not contain any documents or records that confirm the actual dates of the FSM's service in the European theater of operations (ETO) in an enlisted status.

4.  The FSM's WD AGO Form 53-98, which was issued to him upon his separation from active duty on 3 May 1946, lists his ASN using the number 2 as the eighth digit in item 2 (Army Serial Number).  This document confirms that he was commissioned a second lieutenant and entered active duty in an officer status on 14 May 1945.  It also shows he served in the ETO as a commissioned officer from 14 May through 7 September 1945 and that he participated in the Rhineland and Ardennes campaigns of World War II.

5.  Item 29 (Decorations and Citations) of the FSM's WD AGO Form 53-98 lists the Purple Heart (PH), Distinguished Unit Badge, American Theater Service Medal, EAME Service Medal and Victory Medal.  The FSM authenticated this document with his signature in item 44 (Signature of Officer Being Separated) on 3 May 1946, the date of his separation from active duty.

6.  A WD Form 384, dated 23 April 1946, which was prepared on the FSM during his separation processing, also lists his ASN using the number 2 as the eighth digit in item 2.  The FSM authenticated this document with his signature in item 48 (Signature of Payee for Case Received) and in the Certification Signature of Payee portion of the form.

7.  A Certification of Military Service verifying the FSM's active duty service from 14 May 1945 through 3 May 1946, which was issued on 16 December 1981, lists his ASN using the number 2 as the eighth digit.

8.  A correction to the FSM's WD AGO Form 53-98 (DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) was issued on 31 October 2008, which lists his ASN using the number 2 in the eighth digit.  This document amended item 29 of the WD AGO Form 53-98 by deleting the EAME Service Medal and Victory Medal and by adding the Combat Infantryman Badge, Bronze Star Medal, EAME Campaign Medal with 2 bronze service stars, and World War II Victory Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the WD AGO Form 53-98 of the FSM be corrected by listing the ASN in item 2 using the number 3 instead of the number 2 as the eighth digit was carefully considered.  However, notwithstanding the additional documents provided by the applicant that list the number 3 as the eighth digit of the FSM's ASN, there is still an insufficient evidentiary basis to support this requested change.

2.  The FSM's NPRC file includes a WD Form 384 and his WD AGO Form 53-98 which were prepared on him during his final separation processing, and the FSM authenticated these documents with his signature at the time of his separation.  The file also contains a Certification of Military Service which was prepared in 1981.  All of these documents list his ASN using the number 2 as the eighth digit and they carry with them a presumption of Government regularity.  Although there are orders and other documents on file, including those now provided by the applicant, that list the FSM's ASN using the number 3 as the eighth digit, these are not sufficiently compelling to overcome the presumption of Government regularity attached to the FSM's WD AGO Form 53-98.  As a result, absent any evidence that the ASN listed on the FSM's separation document is actually the incorrect ASN and that the FSM attempted to correct it while he remained on active duty, there is still an insufficient evidentiary basis to support granting the requested relief.

3.  The applicant is advised that the DD Form 215 issued as a result of the original Board action does in fact account for the 2 bronze service stars the FSM was authorized with his EAME Campaign Medal based on his confirmed participation in the Rhineland and Ardennes campaigns.  However, although the FSM may have participated in additional campaigns while he was serving in an enlisted status, absent any records or documents confirming the actual dates of his service in the ETO while in this status, it is not possible to confirm his eligibility for additional campaign participation credit (bronze service stars).

4.  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 or that would support amendment of the original Board decision in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080005999, dated 4 September 2008.



      __________x_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080015585



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ABCMR Record of Proceedings (cont)                                         AR20080015585



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