MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            18 March 1999                  
	DOCKET NUMBER:   AR1998121400

	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	
	Mr. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, Jr.		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:  That his military records be corrected to show that he was promoted to the grade of technical sergeant.

APPLICANT STATES:  That he volunteered for duty as a machine gunner with a Ranger battalion during World War II; that he completed his training and performed his duties, however, because he was a prisoner of war (POW) he did not receive his promotion to that grade.  In support of the application, he submitted a statement signed by an individual who indicated that he believes that both he and the applicant should have been promoted to the grade of sergeant.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 11 June 1921 and entered active duty on 30 December 
1942.

On 16 May 1943 he was convicted by a summary court-martial of being AWOL from 6 to 15 May 1943.  The sentence imposed was a forfeiture of $20.00 pay per month for 1 month.

He arrived in North Africa on 24 October 1943 and in Italy on 27 November 
1943.  Orders published at the 2nd Replacement Depot in Italy initially assigned him to the 636th Tank Destroyer Battalion on 18 December 1943; however, on 
13 January 1944 the same replacement unit assigned him to the 1st Ranger Battalion.

Later that same month, on 30 January 1944, while serving with the 1st Ranger Battalion in the grade of private, he was captured by enemy forces near Externia, Italy.  Related documents indicate that he was wounded in action at the time.  He remained in a POW status until 3 May 1945 when he was liberated from a POW camp (Stalag 2B) in the vacinity of Lubeck, Germany, and returned to military control.  Special Orders 135, dated 15 June 1945, show that the applicant, serving in the grade of private at the time, was granted 60 days temporary duty "for recuperation, rehabilitation and recovery."  

On 15 October 1945, while serving in the grade of private with the 110th Infantry, Camp Shelby, Mississippi, he was honorably discharged for the purpose of immediate reenlistment.

An Enlistment Record, WD AGO Form 21, shows that he was reenlisted at Camp Shelby, Mississippi on the following day, 16 October 1945, in the grade of private, for a period of 1 year and 3 months.

A 4th Indorsement, dated 18 October 1946 and signed for a general officer, shows that a recommendation that the applicant be discharged under the provisions of Army Regulation 615-362 was approved.
A WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, shows that he was honorably discharged on 6 November 1946 in the grade of private first class.

On 28 October 1988 he was awarded the POW Medal.

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.  There available evidence of record indicates that the highest grade held by the applicant during his two periods of active duty was private first class.  There is no indication that he should have been promoted to the rank of technical sergeant as he contends.

2.  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 the aforementioned requirement.

3.  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

JMA____  KYF_____  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC1998121400	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 March 18	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.