MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 September 2000                   
	DOCKET NUMBER:   AR2000045127

	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. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 records be corrected to show he was promoted to Sergeant.

APPLICANT STATES:  That he was a Supply Clerk, military occupational specialty (MOS) 835.  He was told at that time the MOS called for a rating of Buck Sergeant but he never received that rating.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 9 August 1945.  He was honorably discharged on 13 May 1946 for the purpose of immediately enlisting in the Regular Army on 14 May 1946.

The applicant’s Service Record, WD AGO Form 24, shows he was promoted to Private First Class on 14 May 1946.  There is no other entry in his WD AGO Form 24 or other evidence of record to show he was promoted beyond that rank. He was assigned to Company B, 382d Military Police Battalion on 19 September 1946 where his principal duty was Supply Clerk.  He was awarded MOS 835 on  1 November 1946.  He continued to work as a Supply Clerk through several reassignments until his separation on 27 September 1947 in the rank of Private First Class.

Army Regulation 615-5, then in effect, 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.  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 evidence of record shows that the applicant was promoted to Private First Class on 14 May 1946.  Notwithstanding the MOS he have held or what he may have been told, he could not have been promoted to Sergeant without written orders and there is no evidence in his records to show he was promoted to Sergeant.

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

__aao___  __mhm___  __tfb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045127	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.