MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:   AR2001055708

	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. William Blakely		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:  In effect, that his military records be corrected to show his rank as staff sergeant (SSG).

APPLICANT STATES:  In effect, that the rank listed in his Enlisted Record and Report of Separation (WD AGO Form 53), dated 24 November 1948, is incorrect and should show the rank of SSG.  In support of his application, he submits his WD AGO 53, a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55), dated 3 December 1945, and a copy of an Office of The Adjutant General (OTAG) letter, dated 1 April 1948, and two honorable discharge certificates.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center Fire of 1973.  Information herein was gleaned from the applicant’s separation documents and other available documents.  

A WD AGO Form 53-55 on file confirms that the applicant initially served on active duty for 3 years, 3 months, and 14 days, from 20 August 1942 to 3 December 1945, and that he was honorably released from active duty from this period of service in the rank of SSG.  

On 1 April 1948, in connection with the applicant’s processing for reenlistment in the Army, a OTAG letter was published that authorized the applicant to enlist in the Regular Army in the rank of SSG and the pay grade of E-5.  

A WD AGO Form 53, which documents the applicant’s service for the period 15 April 1948 through 24 November 1948, confirms that he was honorably released from this period of active duty for hardship/dependency reasons after serving just 7 months and 10 days of his enlistment.  Block 3 (Grade) of this document verifies that on the date of his separation he held the rank SGT and block 38 (Highest grade held) also confirms that SGT was the highest grade he held.  

On 1 August 1948, the enlisted grade structure of the Army was revised and the rank and pay grade of SSG/E-5 was changed to the rank and pay grade of SGT/E-5.  This restructure did not entitle any enlisted member holding the rank title of SSG prior to the conversion to retain that rank title, be promoted to the pay grade of E-6, or to increase in pay.

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 notes the applicant’s contention that the separation document covering his period of service from 15 April through 24 November 1948 should list his grade as SSG but finds an insufficient evidentiary basis to support this claim.

2.  The available evidence confirms that in April 1948, the applicant was authorized by the OTAG to reenter the Army in the pay grade of E-5 with the authorized rank title of SSG, in effect at the time.  However, in August 1948, as a result of an Army restructure of its enlisted rank structure, the applicant’s rank title was converted from SSG to SGT based on his pay grade being E-5.  

3.  There is no available evidence to show that the applicant ever regained the rank title of SSG based on being promoted to the pay grade of E-6 subsequent to the conversion action.  Therefore, the Board concludes that the grade SGT listed in items 3 and 38 of the applicant’s WD AGO Form 53, issued on 24 November 1948, is 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

__JNS__  __ MVT __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	2001055708	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/24	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.