MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 January 2000                   
	DOCKET NUMBER:   AR1999025174

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge 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 records be corrected to reflect that he was a Staff Sergeant, not a Private First Class.

APPLICANT STATES:  In effect, that he was a Staff Sergeant and his WD AGO 53-55, Enlisted Record and Report of Separation – Honorable Discharge, does not reflect that fact.  In support of his application, he submits his WD AGO 53-55.

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.

The applicant was inducted into the Army of the United States (AUS) on 3 April 1941.  He was separated with an Honorable Discharge on 6 September 1945.  His WD AGO 53-55 reflects that he participated in five campaigns in the European-African-Middle Eastern Theater of Operations—Normandy, Northern France, Ardennes, Rhineland, and Central Europe.  He also earned a Combat Infantryman Badge.  It also indicates that his rank at separation was Private First Class, but that the highest rank he held was Staff Sergeant.

Demobilization finance records from Indiantown Gap Military Reservation, Anneville, Pennsylvania, for 6 September 1945 show that the applicant signed for $275.27 in mustering out pay.  His rank is reflected as Private First Class.

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.  Although incomplete, the record shows that the applicant was once a Staff Sergeant, but that he was discharged as a Private First Class.  Without complete service records, it is impossible to determine what happened to cause the demotion in rank.

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

__INW___  __SK___  _EJA____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025174	
SUFFIX		
RECON		
DATE BOARDED	20000127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.