MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 September 2001
	DOCKET NUMBER:   AR2001057338

	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. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman, Jr.		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.

APPLICANT STATES:  In effect, that all personnel assigned to the mortar squadron were ensured they would be promoted to corporal the day they entered combat.  He states that his constant movement in the European Theatre of Operations may have kept his promotion from entering his records.  He further states that he is a combat veteran and is entitled to the pay and promotion to the rank of corporal.   In support of his application he submits a copy of his honorable discharge certificate, a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55), a copy of his Separation Qualification Record, and a copy of the orders awarding him the Purple Heart.

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

The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 and the other military documents he submitted with his application.  

His separation document shows that on 17 June 1942, he was inducted into the Army of the United States.  He was trained as a rifleman and served overseas for 7 months and 28 days.  In addition, he was awarded the European-African- Middle Eastern Campaign Medal, the Good Conduct Medal, the Purple Heart (PH), the World War II Victory Medal, and the Combat Infantryman Badge. 

On 10 December 1945, he was discharged from the Army in the rank of private (Pvt).  Item 3 (Grade) and Item 38 (Highest Grade Held) of the applicant’s 
WD AGO 53-55 both contain the entry “Pvt”.  In addition, the honorable discharge certificate, Separation Qualification Record, and orders he provided all show his rank as Pvt. 

Army Technical Manual 12-235 prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component.  Section VI, paragraph 24, stated that the grade held at the time of separation would be entered on the separation certificate and associated documents.

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 available documents clearly show that the rank listed in block 3 of the applicant’s WD AGO 53-55 was properly entered in accordance with the applicable regulation in effect at the time. 

2.  While the Board wishes to congratulate the applicant on his outstanding World War II service, it finds insufficient evidence to show he was promised a promotion to corporal.  Therefore, the Board is regrettably compelled to conclude relief is not warranted in this case.

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

___CLA__  __CLG__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057338	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/11	
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.	129.05	
2.		
3.		
4.		
5.		
6.