MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 June 2000                  
	DOCKET NUMBER:   AR2000039011

	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	
	Ms. Deborah L. Brantley .		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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 separation report (WD AGO Form 53-55) be corrected to reflect that he was separated in the grade of “master sergeant” vice “private.”

APPLICANT STATES:  He “was promoted to, and held the rank of master sergeant at the time of his discharge.”  He notes that he was “never” demoted or given a court-martial reducing his rank.  In support of his request he submits several promotion certificates confirming his various grades while in the military, including one appointing him to the grade of master sergeant.

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

He entered active duty on 19 July 1940 and was promoted to the grade of master sergeant at Camp Butner, North Carolina on 28 June 1943.

He arrived in the European Theater of Operations in October 1944.  Documents in his file indicate that he was reduced to the grade of private on 1 March 1945 “upon the recommendation of his Battery Commander….”  That reduction order was rescinded on 4 March 1945.  There is no information in his available records regarding the basis for the reduction or subsequent rescission.

On 26 June 1945 the applicant was reduced to the grade of private “for inefficiency.”  Headquarters Battery, 78th Infantry Division Artillery, issued orders confirming the reduction.

The applicant returned to the United States on 9 October 1945 and on 
10 October authored a letter requesting restoration of his grade.  He noted in his letter that he was “offered a choice between court-martial for being AWOL and a reduction in grade to that of Private for inefficiency” after he was determined to have been AWOL between 16 and 17 June 1945.  He noted in his correspondence that he believed he was entitled to a weekend pass during the period.  However, he also notes that he chose the reduction “because it appeared to [him] that a conviction was probable with a reduction to the grade of Private plus a forfeiture of two-thirds of [his] pay and possible confinement.”  He indicated that he “did not wish a court-martial conviction to be entered on [his] records, nor could [he] afford a forfeiture of pay.”

On 14 October 1945 he was honorably discharged, as a result of demobilization, in the grade of private.  A notation on his final payment voucher confirms his reduction to the grade of private on 26 June 1945.

In 1946 and 1947 the applicant was informed by Department of the Army officials that his reduction in grade was “accomplished by competent authority in accordance with existing regulations."
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.  Contrary to the applicant’s contention there is evidence that he was reduced from the grade of master sergeant to private prior to his separation from active duty.  As such his separation in the grade of private was correct.

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 this 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

___lls___  ___aao__  ___ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039011	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000622	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.