MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000049077

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 he be promoted to the rank of corporal (CPL).  

APPLICANT STATES:  In effect, that after 55 years he would like to be referred to as CPL.  He claims to have been deprived of this rank when he was transferred out of his unit when he was less than 30 days from discharge.  All the members of his unit were promoted one rank after he departed for the United States for separation.  

EVIDENCE OF RECORD:  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The evidence or record includes a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) provided by the applicant, which was issued to him on  the date of his separation.  This document verifies that he was inducted into the Army of the United States (AUS) on 27 January 1943 and entered active duty on 3 February 1943.  It also confirms that he served on active duty until being honorably discharged on 28 December 1945, in the rank of private first class (PFC).

The separation document also shows that the applicant served in the European Theater of Operations (ETO) from 5 April 1944 to 18 July 1945 and the Pacific Theater of Operations (PTO) from 4 September to 29 November 1945.  In addition, it confirms his participation in the Ardennes, Central Europe, Rhineland, and Luzon campaigns of World War II.

The WD AGO Form 53-55 also verifies that during his tenure in service he received the American Campaign Medal, European-African-Middle Eastern Service Medal with four bronze service stars, Asiatic Pacific Theater Ribbon, Philippine Liberation Ribbon with one bronze star, Good Conduct Medal, and World War II Victory Medal with one bronze battle star.  The separation contains no indication of either a promotion or entitlement to the rank of CPL.  

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 Board noted the applicant’s contentions that he is entitled to a promotion to CPL.  However, while the Board congratulates and thanks the applicant for his exemplary World War II service, it finds no evidentiary basis that would warrant his being promoted to the rank of CPL.

2.  Further, the WD AGO Form 53-55 on file, which was authenticated by the applicant with his signature, confirms that he held the rank of PFC on the date of his separation from active duty and it contains no indication that he had been pending a promotion to CPL as of that date.  

3.  In addition, the Board finds no available evidence to confirm the applicant’s eligibility for a promotion to CPL or that suggests he had ever been recommended or selected for promotion to that rank during his tenure on active duty.  Thus, notwithstanding his outstanding World War II service, the Board is compelled to deny the requested relief.  

4.  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

___js ___  ___ra ___  ___mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049077	
SUFFIX		
RECON		
DATE BOARDED	2001/02/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/12/28	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  803	144.9213	
2.		
3.		
4.		
5.		
6.