MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000043918

	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:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 records be corrected to show he was promoted to Corporal.

APPLICANT STATES:  That he served his country well.  He worked as a skilled carpenter and earned numerous decorations/citations for his conduct and bravery.  However, due to discrimination during the era of military segregation he was not promoted.

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 documents provided by the applicant.

The applicant was inducted on 2 April 1943 and entered active duty on 9 April 1943.  He arrived in the Asiatic Pacific Theater of Operations on 21 December 1943 with the 644th Ordnance Ammunition Company and served as a carpenter.  He departed the Theater on 5 December 1945 and was discharged on 7 January 1946 in the rank of Private First Class, E-3.  He had been awarded the Asiatic Pacific Campaign Medal, the Philippine Liberation Ribbon with two bronze stars, the Army Good Conduct Medal and the World War II Victory Medal.

Army Regulation 615-5, in effect at the time, governed the appointment and reduction of noncommissioned officers and Privates First Class.  It stated that enlisted soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion.  It also 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.

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 of record and the applicant provides no such evidence to substantiate his claim that he was not promoted due to discrimination.  While the Board is empathetic with his feelings as to why he was not promoted, in the absence of evidence to the contrary the Board must presume that the applicant’s manner of promotion, or lack thereof, was conducted in accordance with regulations applicable at the time.

2.  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

__hof___  __jpi___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043918	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.