MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           27 February 2001
	DOCKET NUMBER:   AR2000043539

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. Roger W. 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:  In effect, that his reduction from the rank of Technician 4th Grade (Tec 4) to Private (Pvt) be voided and that his discharge paper (WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge) be corrected.

APPLICANT STATES:  That he earned his Tec 4 rank at Fort Knox, Kentucky; that, in March 1945, the Army determined that there were too many Tec 4's and he was offered an administrative reduction to Pvt or reassignment; that his chain of command asked him to accept the reduction with the promise that he would regain his stripes and eventually be promoted to staff sergeant.  In support of his application, he submits:  a 2-page, handwritten letter dated 14 June 2000; a copy of the Morning Report for Battery A, 489th Armd FA Bn, dated 30 March 1945, listing him as a Pvt, and showing that he was transferred to the 102nd Evac Hospital for wounds; a copy of the Morning Report for Battery A, 489th Armd FA Bn, dated 16 March 1945, showing that he and one other soldier were reduced from Tec 4 to Pvt by Special Order #27, Hq 489 Armd FA Bn; and a copy of his WD AGO Form 53-55.

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.

According to his Enlisted Record and Report of Separation, the applicant was inducted into the Army of the United States on 5 February 1943 and entered active service on 12 February 1943.  On 14 December 1943, he embarked for the European Theater of Operations, arriving there on 28 December 1943.  He served with the 489th Armored Field Artillery Battalion.  On 25 April 1945, he left Europe and returned to the United States on 5 May 1945.  He was honorably discharged on 11 August 1945 with 2 years, 6 months, and 7 days of creditable service in the rank of Pvt (with highest grade held shown as Tec 4).

The applicant's unit's Morning Report for 16 March 1945 shows that he and a second soldier were reduced from Tec 4 to Pvt by Special Order #27, Headquarters, 489th Armored Field Artillery Battalion.  No reason for the reduction is given and efforts to obtain a copy of the reduction order proved fruitless.

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 Board attempted, without success, to obtain a copy of the order reducing the applicant to Pvt from the National Archives.  The only facts available to the Board indicate that the applicant and a second soldier were reduced from Tec 4 to Pvt on 16 March 1945.  In the absence of evidence to the contrary, the Board presumes administrative regularity in the reduction action.

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

__jns___  __mhm___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043539	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	133.0500	
2.		
3.		
4.		
5.		
6.