MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 October 2000
	DOCKET NUMBER:   AR2000043482

	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:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was discharged in the rank of Technical Sergeant (E-5).

APPLICANT STATES:  That his WD AGO Form 53-55 shows that he was discharged in the rank of Private First Class and his highest grade held as E-5.  He contends that he did nothing to loose his rank and that he can only assume that an administrative error was made during the preparation of his WD AGO Form 53-55.  He states that he has no contact with his old comrades and he has no other proof to offer other than his word.  He concludes by stating that he is 78 years old and he would like to see the error corrected while he his still able to appreciate it.  In support of his appeal, he submits a copy of a notarized picture that he contends was taken on 24 April 1945 “some place in Germany”.

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.

He was inducted into the Army on 15 March 1943.  He successfully completed his training as an armor supply clerk.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The WD AGO Form 53-55 indicates that the applicant was discharged on 14 March 1946, under the provisions of Army Regulation 615-365, for the Convenience of the Government as a result of demobilization.  He had completed 3 years of total active service and was issued an Honorable Discharge Certificate.

A review of the applicant’s Final Payment Worksheet shows that he was receiving the pay of a Private First Class.

Further review of the available records shows that the WD AGO Form 53-55 was signed by the applicant at the time of his discharge indicating that the information contained therein was correct as reflected.

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.  The applicant’s contentions have been noted by the Board.  However, there is no evidence in the available records nor has the applicant submitted any evidence to show that the WD AGO Form 53-55 is incorrect.  The applicant’s Final Payment Worksheet shows that he was receiving the pay of a Private First Class, and he signed his Report of Separation at the time of his discharge indicating that the information contained therein was correct as reflected.

3.  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

___eja __  __alr____  ___bfh __  DENY APPLICATION

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

INDEX

CASE ID	AR2000043482	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  302	129.0000	
2.  307	129.0500	
3.		
4.		
5.		
6.