MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 June 2000                   
	DOCKET NUMBER:   AR1999029293

	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. Carl W. S. Chun		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. John H. Kern 		Member	
	Ms. Barbara J. Ellis 		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 essence, correction of his separation documents to show that his rank was staff sergeant (SSG), not private (PVT), at the time of his release from active duty on 20 May 1946.

APPLICANT STATES:  That he was a mess sergeant, with the rank of SSG, in a graves registration unit for more than 6 months.  He was asked by his unit commander if he wanted to be a mess sergeant.  If he stayed in the unit the commander would make him a master sergeant, but he would still have to cook.  He volunteered for the job.  He submits a copy of a picture of him with the rank of SSG showing on his sleeves, and a copy of WD AGO Form 100 (Separation Qualification Record) which shows his rank as SSG for 5 months, with the duty title of mess sergeant.  

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 limited military records available to the Board.  

He was inducted into the Army of the United States on 19 October 1943 and entered active duty on 9 November 1943.  He was initially trained as an Infantryman, and served for 21 months in that capacity with the rank of private. His WD AGO 100 shows that he also served as a mess sergeant for 5 months, but the dates are not shown.  He was assigned to the European Theater of Operations (ETO) and served overseas from 6 February 1945 through 5 May 1946.  Upon his return to the United States, he was demobilized on 20 May 1946.  

The applicant’s records contain a War Department Form 372A (Final Payment-
Work Sheet).  This form was prepared on or about l7 May 1946, and shows his pay for the month of May 1946.  His rank was shown as private.  His final pay totaled $275.95, $100.00 of which was paid in cash, the remainder was paid by check.  He signed this form.  

Also in connection with his separation from active duty, he received a medical examination on 19 May 1946.  This document also showed his rank was private.

His WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), issued on 20 May 1946, shows in item 3 that his grade was PVT.  His last significant unit was shown in item 6 as the 6857 QM (Quartermaster) Graves Registration Company.  In item 38, his highest grade held was shown as private first class, with no further information available on this entry, except one entry on his medical records which show that his rank in August 1945 was private first class.  In item 55, Remarks, he had 75 days lost time under the provisions of Article of War 107, but the dates are not shown.  The applicant signed this form.

The WD AGO Form 100, also issued on 20 May 1946, in items 10, 11, and 12 shows that he served as a Rifleman or an Automatic Rifleman for 21 months and his rank was private.  The form also shows that he served for 5 months with the rank of SSG and duty as a mess sergeant, but no dates are shown.  Item 13, Summary of Military Occupations, shows that he was the mess sergeant of a company mess, supervised 4 cooks and 12 German prisoners in the preparation of food in the ETO.  There is no mention of service with the rank of private first class on this form.  

On 4 March 1948, an Army of the United States Certificate in Lieu of Lost or Destroyed Honorable Discharge was issued which showed that his rank at the time of his separation from active duty on 20 May 1946 was private.  

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.  The applicant, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no evidence of record, or with his application, in the form of promotion orders, pay documents, or other official documents to show that he was permanently promoted to the rank of SSG during World War II.  During World War II, soldiers’ were often temporarily “promoted” to higher ranks.  They wore the insignia and exercised the authority of the higher rank, but did not receive the pay of the higher rank, nor receive any service benefits for such service.  Whether this happened in this case is unknown.  It could well be that such a ‘temporary” promotion was made in his case and would be the basis for the entry on the WD AGO Form 100 showing 5 months service as a Mess Sergeant, with the rank of SSG.

3.  Further, the Board notes that the applicant had 75 days lost time.  When this occurred is unknown and whether disciplinary action was taken is likewise unknown.  If this occurred during the latter part of his period of service, he well could have been reduced in rank before his separation.

4.  Additionally, the Board notes that when the applicant received his final pay, it was calculated at the rank of private.  While the applicant’s claim of not “noticing” the rank entries on his separation documents might be understandable, the Board is not convinced that the same case would exist when it came to his final pay.

5.  Therefore, the Board must conclude that the applicant was serving with the rank of PVT at the time of his separation from active duty on 20 May 1946.  

6.  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

__eb____  __jhk____  __bje____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999029293	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.00.	
2.	110.00	
3.		
4.		
5.		
6.