MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  31 October 2000
	DOCKET NUMBER:  AR2000047201

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Allen L. Raub		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 his rank as sergeant.  He also requests that his Separation Qualification Record (WD AGO Form 100) be corrected to show X Corps instead of V Corps.

APPLICANT STATES: That his last 8 months of service were served at the rank of sergeant.  His Representative in Congress has supplemented his application.

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 and the applicant.

On 5 September 1944, he was inducted into the Army of the United States.  He completed his required training and was awarded military occupational specialty 677 (Military Policeman).

He was advanced to private first class (PFC) by Company Order Number 46, Headquarters Company, X Corps on 30 October 1945.  

On 4 November 1945, Company Order Number 48, Headquarters Company X Corps announced the award of the Good Conduct Medal to the applicant while serving in the rank of PFC.

During the period 16 May 1945 to 3 February 1946, he served in the Asiatic Pacific Theater of Operations (APTO), in the X Corps.  He arrived in the APTO on 12 June 1945 and departed on approximately 7 January 1946.

On 12 February 1946, WD AGO Form 100 lists, under “Military Occupational Assignments”, that the applicant served for 8 months, in a sergeant’s position.  This same form indicates his grade as “Pfc”.

The WD AGO Form 100 also lists his unit as V Corps, instead of X Corps.

On 12 February 1946, he was honorably discharged, in the rank of PFC, under the provisions of Army Regulation 615-362, Section III, based on dependency.  His separation document indicates he had 1 year, 5 months and 3 days of creditable service.  He was entitled to award of the Good Conduct Medal, the Asiatic Pacific Campaign Medal with 1 bronze service star (Southern Philippines), Philippine Liberation Ribbon, and the World War II Victory Medal.

His separation document also shows his highest grade held as PFC.

His discharge certificate shows his rank as PFC.

On 25 March 1998 and 1 August 2000, he was advised by this Board that his records were lost in the fire at the National Personnel Records center in 1973 and that sufficient records to determine exactly what happened in his case could not be located.

On 16 October 2000, a member of the staff of the Board obtained from the X Corps Historical Files at the National Archives copies of his promotion order to PFC on 30 October 1945 and award of the Good Conduct Medal on 4 November 1945.

Army Regulation 615-362, then in effect, set forth the general provisions governing separation of enlisted personnel from active military service by reason of minority, and dependency or hardship.

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.  The evidence of record clearly shows the applicant attained the rank of PFC and that PFC was his highest grade held.  There is no evidence of promotion to sergeant.  There is no error or injustice in his case concerning his rank. 

2.  WD AGO Form 100 “Military Occupational Assignments” section is not reflective of actual rank held, but that the individual concerned served in a position calling for that rank.  The actual grade held is shown under “Grade” of that same form.  In this case it shows PFC.

3.  The Board concludes that orders recovered from the X Corps Historical Files at the National Archives also show the individual concerned would not have held the rank of sergeant when he was only promoted to the rank of PFC less than     4 months from his discharge.

4.  The applicant’s contention concerning his rank, as well as that of his Representative in Congress, have been noted; however, they are not sufficiently supported by his application or the evidence of record. 

5.  While the applicant’s WD AGO Form 100 incorrectly shows his unit as V Corps instead of X Corps, all of his other available records correctly show X Corps, including his separation document and his discharge certificate.  In this case, the error has no negative impact on the applicant or his service, and corrective action is not deemed necessary and will not be taken concerning the WD AGO Form 100. 

6.  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

__ea___  ___bh___  __ar____ DENY APPLICATION

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

INDEX

CASE ID	AR2000047201	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131	Prom to Sgt, WW2.	
2.		
3.		
4.		
5.		
6.