MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:  22 February 2001
	DOCKET NUMBER:  AR2000049614

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Ted S. Kanamine		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 World War II rosters in which his name appears be corrected to the rank he held at the time of his separation.

APPLICANT STATES: That he wants his correct rank included on the rosters he has provided, and states they are self-explanatory.  

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.

On 16 July 1942, the applicant was inducted into the Army of the United States.  He completed his required training and was awarded military occupational specialty 055 (Clerk, General).  He was promoted to technician fifth grade (T5) at an undetermined date.

During the period 11 January 1944 to 27 October 1945, he served in the CBI (China-Burma-India) Theater of Operations.

The rosters provided by the applicant marked as A-30, A-31, B-66 and B-67 are unidentified, undated and unidentifiable.  On rosters A-30 and B-66, his name does not appear as a T5.  Pages A-31 and B-66 show him as a private.

On 14 January 1946, he was honorably separated, in the rank of T5, under Army Regulation 615-365, for the convenience of the Government (Demobilization).  His separation document indicates he had 3 years, 5 months and 29 days of creditable service.  He was entitled to award of the Good Conduct Medal, the American Theater Service Medal, the Asiatic-Pacific Theater Service Medal and the World War II Victory Medal.

Army Regulation 615-365, then in effect, set forth the basic authority for the separation of enlisted personnel for the convenience of the government upon demobilization.

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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.  Absent a showing that at the time the rosters were prepared he held the rank of T5, there is no basis to grant the applicant’s request.

2.  In the absence of evidence to the contrary, a presumption of regularity applies that the military records of the individual concerned are correct.
3.  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.

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

__ro___  ___sk_____  ___tk___ DENY APPLICATION

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

INDEX

CASE ID	AR2000049614	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
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         1.100	Change rank	
2.		
3.		
4.		
5.		
6.