MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 November 2000
	DOCKET NUMBER:   AR2000043024

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		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:  That Separation Qualification Record (WD AGO Form 100) and his Report of Separation (WD AGO Form 53-55) be corrected to show that he was separated in the rank and pay grade of Private (E-3).

APPLICANT STATES:  In effect that his WD AGO Forms 100 and 53-55 are incorrect as currently reflected.

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 reconstructed personnel records.

He was inducted into the Army on 13 May 1944 and he successfully completed his training as a rifleman.

On 28 April 1946, he was honorably discharged for the Convenience of the Government as a result of demobilization.  He had completed 1 year, 11 months15 days of total active service.

The WD AGO Form 100 issued to him at the time of his discharge shows that he served 19 months as a rifleman in the pay grade of E-1.  His WD AGO Form 
53-55 shows his highest grade held as Private First Class (PFC).  However, his WD AGO Form 53-55 also shows that he was discharged in the pay grade of Private. His WD AGO Form 53-55 also shows that he had 320 days of lost time due to AWOL and confinement.

On 2 December 1999, the Board corrected the applicant’s WD AGO From 53-55 to show that he participated in the Ardennes campaign and to show that he was awarded the Combat Infantryman Badge and the Bronze Star Medal.

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 has failed to submit evidence that would satisfy this requirement.

2.  Although his WD AGO Form 53-55 shows his highest grade held as PFC, there is no evidence in the available record nor has the applicant submitted any evidence that shows that he should have been discharged in the pay grade of 
E-3.

3.  The available records clearly shows that he was discharged in the rank of Private and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jlp___  ___owt __  __bje ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043024	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  198	110.0000	
2.  307	129.0500	
3.  		
4.		
5.		
6.