MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:  AR2000041556

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. John Saputo		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 show that his highest rank held be reinstated.

APPLICANT STATES:  That he was never informed of his reduction in rank from S/Sgt (staff sergeant) to private.  Further, he was never given a reason for his rank reduction.

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.

On 13 January 1942, he was inducted into the Army of the United States.  He completed his required training and was awarded military occupational specialty 0060 (Cook).

The available records show he served in the noncommissioned officer (NCO) ranks of sergeant from 5 May to 1 October 1942; staff sergeant from 1 October 1942 to 14 April 1943; and, corporal from 1 September to 1 October 1943.  All other service was in the rank of private.

On 19 January 1945, he was honorably discharged, in the rank of private, with a Certificate of Disability Discharge and under Army Regulation 315-361 (disability discharge).  His report of separation indicates he had 3 years and 7 days of creditable service.

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.  The evidence of record confirms the dates of service as a NCO and private and that he was discharged in the rank of private.  There is no reason to reinstate his rank from private to staff sergeant.  He has not shown otherwise.

2.  His records clearly show he was discharged on 19 January 1945 as a private, and that staff sergeant was his highest grade held

3.  In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

4.  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.

5.  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

__mm___  __kh___  ___js___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041556	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.100	WW2 Rank	
2.		
3.		
4.		
5.		
6.