MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 February 2001                   
	DOCKET NUMBER:   AR2000050577

	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. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		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 discharge certificate be corrected to show his date of entry as 9 February 1943, his date of discharge as 28 January 1946 and his rank as Sergeant (SGT).

APPLICANT STATES:  That he wants the correct information on his headstone. He provides the Honorable Discharge Certificate from the Reserve and his Separation Qualification Record, WD AGO Form 100, as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

The applicant’s Enlisted Record and Report of Separation, WD AGO Form 53-55, shows that he was inducted into the Army on 2 February 1943 and entered active service on 9 February 1943.  He was separated on 29 January 1946 in the rank of SGT.  The highest grade he held was SGT.  His WD AGO Form 100 shows that he entered active service on 9 February 1943 and was separated on          29 January 1946 in the rank of SGT.  His Final Payment Work Sheet shows he was discharged on 29 January 1946 in the rank of SGT.

The Honorable Discharge Certificate provided by the applicant shows he enlisted in the Reserve on 29 January 1946 and was discharged from the Reserve on    28 January 1949 in the rank of Corporal.

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 appears to be no error on the applicant’s separation from active duty documents.  His WD AGO 53-55 shows that he entered active service on            9 February 1943 and separated in the rank of SGT.  His WD AGO 53-55, WD AGO Form 100, and his Final Payment Work Sheet show he separated on        29 January 1946 (not 28 January 1946).

2.  It appears, from the provided Honorable Discharge Certificate, that the applicant enlisted in the Reserve immediately after his separation from active duty.  If so, the date of enlistment on this document appears to be in error.  Since all available evidence of record shows that he separated from active duty on      29 January 1946, the earliest he should have been able to enlist in the Reserve was 30 January 1946.  However, since the applicant does not specifically request this correction and since supporting documentation is not available, the Board will take no action on this apparent error.  Given the lack of records, the Board can make no determination as to whether or not there is an error in the rank of Corporal as shown on the Honorable Discharge Certificate.  It may have been an administrative reduction due to reduced force structure requirements in the post-war years.  Also given the lack of records, the Board can make no determination as to whether or not there is an error in the discharge date of 28 January 1949 as shown on the Honorable Discharge Certificate; however, the requested correction to show he was discharged on 28 January 1946 cannot be correct.

3.  The applicant should ensure that the VA is provided his WD AGO Form      53-55, which concerns his active duty service.  The Honorable Discharge Certificate concerns only his subsequent Reserve service.

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

__jns___  __mhm___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050577	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.