APPLICANT REQUESTS:  Correction of his military records to show he was promoted to the rank of staff sergeant.

APPLICANT STATES:  That he was a squad leader and never received staff sergeant rank.  No one took the time to increase his rank during the battles he was in.  His discharge papers show he was a squad leader.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

He was inducted into the Army on 19 February 1943 and entered active duty on 26 February 1943.  He arrived in the European Theater of Operations on          15 September 1944 and departed on 15 July 1945.  He saw service during the Northern France, Rhineland and Central Europe campaigns where he served as a squad leader.  He was awarded the Combat Infantryman Badge (later converted to the Bronze Star Medal).

The applicant was honorably discharged on 24 October 1945 in the grade of sergeant.  His final pay statement shows his grade as sergeant.  His report of separation shows his highest grade held was sergeant.

Army Regulation 615-5, then in effect, provided that enlisted soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion.

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.  

2.  The processing of this case has been severely hampered by the lack of original records and the staleness of the claim.  In this regard, it would have been more appropriate for the applicant to have questioned his rank at the time of his separation in 1945 when his records and key personnel were available.

3.  There is no evidence among the available documents indicating that the applicant ever held a grade above that of sergeant.  His Separation Qualification Record shows his last assignment as sergeant squad leader.  It must be presumed that he was never recommended for promotion to staff sergeant.  Consequently, there is no basis for promoting him at this late date.

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

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director