MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 July 2001
	DOCKET NUMBER:   AR2001055041

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 that he was promoted to the rank of captain prior to his discharge in 1946.

APPLICANT STATES:  That he was verbally advised that he was eligible for promotion to captain because he had 3 years of prior service as an enlisted man. He states that his promotion was delayed until Fort MacArthur could obtain additional information and remaining on active duty for an additional 6 to 8 weeks would have risked his return to civilian employment.  In support of his appeal he submits copies of his Reports of Separation, copies of his Honorable Discharge Certificates, a copy of an Annual or Terminal Statement of Retirement Points, a copy of an Officer Reserve Corps Service Evaluation, and a copy of reassignment orders.

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.

He was inducted into the Army on 26 March 1941.  The Report of Separation that he was furnished for this period of service shows that he was honorably discharged in the rank of corporal on 17 December 1942 to accept an appointment as a second lieutenant in the Army of the United States.

He accepted his appointment to second lieutenant on 18 December 1942 and the Report of Separation that he was furnished to reflect this period of service shows that he was honorably released from active duty on 22 April 1946 in the rank of first lieutenant.

The applicant submitted a copy of Reassignment Orders dated 18 November 1947 that shows his rank is first lieutenant.  He also submitted copies of an Annual or Terminal Statement of Retirement Points dated 9 June 1952 and an Officer Reserve Corps Evaluation dated 23 April 1952, that shows his rank as a first lieutenant.

A review of the available evidence fails to show that the applicant was ever selected for a promotion to the rank of captain.

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 Board has noted the applicant’s contentions.  However, they are unsubstantiated by the available evidence.  The evidence shows that the applicant accepted an appointment in the Army as a second lieutenant and was released from active duty as a first lieutenant.  

3.  There is no evidence of record that shows that he was selected for promotion to captain and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___mvt__  __wdp___  ___js ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001055041	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000.0000	
2.  320	131.1000.0000	
3.		
4.		
5.		
6.