MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 September 2000                   
	DOCKET NUMBER:   AR2000043585

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 Enlisted Record and Report of Separation, WD AGO Form 53-55, and his Honorable Discharge Certificate be corrected to show his rank as Staff Sergeant.

APPLICANT STATES:  That he was a Staff Sergeant at the time he was separated from active duty.  His Separation Qualification Record, WD AGO Form 100, shows he was a Corporal (CPL) for at least 19 months.  His WD AGO Form 53-55 shows his CPL date of rank as 16 April 1946.  Since he was discharged on 26 June 1946, this clearly shows that the CPL rating and date are incorrect.  He has letters referring to him as a Staff Sergeant.  His company commander told him he was promoted to Staff Sergeant.  His final discharge shows he was discharged as a Private First Class.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from reconstructed records.

The applicant was inducted into the Army on 18 July 1944.  He arrived in the European Theater of Operations (ETO) on 4 March 1945.  His WD AGO Form 100 shows his grades as Private, infantry basic training, for 4 months; CPL, rifleman, for 8 months; CPL, scout, for 3 months; and CPL, administrative and technical clerk, for 8 months.  His WD AGO Form 53-55 shows his CPL date of rank as 16 April 1946.  A letter dated 18 May 1946 refers to him as Sergeant.  He departed the ETO on 12 June 1946 and was separated on 26 June 1946.  His WD AGO 53-55, item 3 shows his rank as CPL.  Item 38 shows his highest grade held as CPL.  His Final Payment Worksheet shows his rank as CPL.  He was apparently transferred to the Enlisted Reserve Corps.  He was honorably discharged from the Army of the United States on 25 June 1949.  His Honorable Discharge Certificate shows his rank as Private First Class.  

In a 14 December 1999 letter to the National Personnel Records Center, the applicant noted that when he joined the 1st Battalion, 409th Regiment, 103d Infantry Division in late February (1945) he was promoted to CPL.  The 103d Infantry was deactivated some time in early July 1945.  He had been assigned to prison camps at Dachau, Memmingen, and then to New Ulm.  In the meantime, he had been promoted to Staff Sergeant.  

From 1 September 1942 through 31 July 1948, the enlisted grade structure consisted of seven grades:  

    Grade 7 – Private	
    Grade 6 – Private First Class
    Grade 5 – Corporal
    Grade 4 – Sergeant
    Grade 3 – Staff Sergeant
    Grade 2 – Technical Sergeant;
    Grade 1 – Master Sergeant/First Sergeant.

Army Regulation 615-5, in effect at the time, governed the appointment and reduction of noncommissioned officers and Privates First Class.  In pertinent part, it stated that noncommissioned officers appointed during an emergency under special authorization of the War Department would be temporary appointments.  In order to provide an opportunity to observe the performance of candidates for higher grades, unit commanders were authorized to exceed their authorized allotments in any grade by the number of vacancies that existed in a higher grade pending the promotion of the best-qualified candidate(s).  Depending on the type of unit, the company, battalion or regimental commander was the appointment authority.  It also provided that enlisted soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion.

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 insufficient evidence to show that the applicant was promoted to Staff Sergeant or that he was promoted to the permanent rank of CPL any earlier than 16 April 1946.

2.  The applicant may have been promoted to CPL when he joined the 1st Battalion, 409th Regiment, 103d Infantry Division in late February (1945); however, there is no evidence to show it was a permanent promotion.  Based upon the evidence of his WD AGO Form 53-55, it appears he may have been temporarily promoted to CPL in February 1945 but permanently promoted on    16 April 1946.

3.  The applicant’s Final Payment Worksheet shows that he received final pay as a CPL.  The letter he provides as evidence only refers to him as Sergeant, not Staff Sergeant.  Even so, the letter is insufficient evidence to show he was even temporarily promoted to Sergeant since he may have been made an acting Sergeant, which is not a promotion.  Absent promotion orders, the Board concludes that his WD AGO 53-55 correctly shows his rank as CPL with his correct permanent date of rank.

4.  The Board does conclude that the applicant’s Honorable Discharge Certificate is in error.  Although it is possible he may have been reduced for some reason while in the Enlisted Reserve Corps, the Board concludes that if he had been he would not have received an honorable discharge.  However, the evidence of record shows that his rank upon discharge would have been CPL, not Staff Sergeant.
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.

NOTE:  The Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by issuing to him a new Honorable Discharge Certificate showing his rank as Corporal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhl___  __clg___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043585	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.