MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 August 2001
	DOCKET NUMBER:   AR2001057251

	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:

	Ms. Irene W. Wheelwirght		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 the rank of corporal and that he be paid all monies to which he is entitled.

APPLICANT STATES: In effect, that he was promised by his unit commander that he would be a promoted to corporal and he is unsure if he was paid all the money to which he was entitled at the time of his separation from the Army.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s Enlisted Record and Report of Separation (WD AGO Form 53-55).

The applicant’s separation document shows he was inducted into the Army of the United States on 6 January 1942 and served on active duty until being honorably separated on 14 February 1946.  This document also shows that on the date of his separation he held the rank of private first class and that this was the highest rank he attained while on active duty.  The separation document also confirms he was trained as clerk typist and served overseas for 1 year, 2 months and 
28 days.  In addition, it lists the following awards he earned during his active duty tenure:  American Campaign Medal; Good Conduct Medal; and 
European-African-Middle Eastern Campaign Medal with four bronze stars. 

The available evidence also includes a copy of the applicant’s final pay voucher showing the amount of money he was paid at the time of his separation.  It confirms he was paid $140.85 after all debts were satisfied and he signed this document, thereby, confirming his acceptance of this amount. 

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 WD AGO Form 53-55 issued to and verified by the applicant with his signature on the date of his separation confirms that the highest rank he attained while on active duty was private first class.  Lacking any evidence to the contrary, the Board is compelled to deny his requested promotion to corporal.

2.  The Board finds no evidentiary basis on which to support the applicant’s claim that he was not paid all the money to which he was entitled at separation.  On 
14 February 1946, he acknowledged that he was paid all money due upon his separation by signing the Army’s final payment roll voucher, thereby, confirming he received all final monetary compensation to which he was entitled at that time. 

3.  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

__INW___  __FNE__  __GJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057251	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/09	
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.  128.00		
3.		
4.		
5.		
6.