MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                            8 August 2000
	DOCKET NUMBER:                    AR2000042242

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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:  As the wife of a deceased former service member (FSM), that her late husband’s WD AGO Form 53-55 be corrected to show that the FSM was separated in the pay grade of “SGT” (Sergeant/Technician 4th Grade) instead of “PFC” (Private First Class/Grade 6).

APPLICANT STATES:  In effect, that item 3 (Grade) of the FSM’s WD AGO Form 53-55 is incorrect and that the FSM was discharged as a SGT.  In support of her application she submits a copy of the FSM’s WD AGO Form 53-55 and a copy of the FSM’s death certificate.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM was inducted on 30 March 1944 as a duty NCO (566).  He served in the European-African-Middle Eastern Theater of Operations from 15 January 1945 to 28 May 1946 and was honorably discharged on 11 June 1946.

The FSM’s WD AGO Form 53-55, which was authenticated in his own hand, shows in item 38 (Highest Grade Held) the entry “PFC (Private First Class/Grade 6).  This discharge document also shows in item 3 (Grade) the entry “PFC” (Private First Class/Grade 6).

The Military Occupation Assignments section of the FSM’s WD AGO Form 100 (Separation Qualification Record) shows in item 10 (months) the entry “10”, in item 11 (Grade) the entry “Pfc (Private First Class/Grade 6)” and in item
12 (military occupational specialty) the entry “Duty NCO”.  This is the last entry on this form which was prepared at the time of his separation from the Army.

The purpose of the WD AGO Form100 (Separation Qualification Record) was to assist World War II veterans in post-service employment, education, or any other
endeavor by the service member.  The form was prepared based on service personnel records and personal interview.

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 is no evidence in the available records to show that the FSM was advanced higher than grade 6 (Private First Class/Grade 6).  Therefore, there is no basis to correct item 3 (Grade) of the FSM’s WD AGO Form 53-55.

2.  The FSM’s WD AGO Form 53-55 shows his grade as a PFC and his WD AGO Form 100 shows his grade as “Pfc”.  There is no evidence of orders advancing the FSM to sergeant; therefore, there is no basis for correction of 
his records to show that he was separated in the pay grade of “SGT” (Sergeant/Technician 4th Grade).

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error
or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  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:

SK_____  JEA_____  REB_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000042242	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460611	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.