MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC98-11991
                                              AR1999015232

	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. Loren G. Harrell		Director	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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 records be corrected to show that he served on active duty as a commissioned officer during World War II with entitlement to back pay and allowances.

APPLICANT STATES: That he believes he should have been a commissioned officer because he was a registered nurse.  He feels he was the victim of reversed discrimination because he was a male nurse and, therefore, was inducted as a private.

In support of his application he submits proof that he was a registered nurse when he was inducted.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the fire that occurred at the Records Center in 1973.  His reconstructed military records show:

He was born on 12 February 1918.  His separation document shows he received his high school diploma and completed one-half year of college at Santa Rosa Junior College in Santa Rosa, California as a pre-medical student.  He then graduated from St. Joseph’s College of Nursing in San Francisco in 1942.     

He registered for the draft and on 19 October 1942 he was inducted into the Army and attended surgical technicians school at O’Reilly General Hospital in Springfield, Illinois.  He was awarded the military occupational specialty of surgical technician.  

The applicant departed for the European-African-Middle Eastern (EAME) Theater on 8 January 1945, served overseas for 1 year and 8 days, and returned to the United States on 16 January 1946.  He was awarded the EAME Campaign Medal, the American Campaign Medal, the World War II Victory Medal, and the Good Conduct Medal.  The highest rank he attained was staff sergeant.  On 
25 January 1946, after serving 3 years, 3 months, and 6 days on active duty, he was honorably discharged for the convenience of the Government (demobilization).

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.  The applicant registered for the draft during World War II and was inducted into the Army.  There is no evidence to suggest that he was discriminated against as a male nurse by not being commissioned as an officer.  

2.  During the time in question young men were required to register for the draft and, If inducted, they served in the Army as enlisted men, not as commissioned officers, regardless of their qualifications.  The draft did not, however, preclude a young man from applying for an appointment in order to serve on active duty as a commissioned officer.  

3.  There is no evidence to show, and the applicant has not submitted any evidence, nor has he even alluded or suggested that he ever made application, prior to or while on active duty, for a commission.   

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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.