MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 October 2001
	DOCKET NUMBER:   AR2001057819

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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 he be promoted to the rank of technical sergeant or first sergeant and that his records be corrected accordingly.

APPLICANT STATES:  In effect, that he served on ships operating out of Prince Rupert, British Columbia hauling troops and supplies.  He further states that his responsibility was such that he was the noncommissioned officer in charge and his officer in charge informed him that he would be promoted to a level commensurate with his responsibility (technical or first sergeant).  However, the promotion never materialized and he believes that the government should honor its commitments.

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the surviving and reconstructed records show:

He was inducted at Wabasha, Minnesota on 18 August 1942 and entered active duty at Fort Snelling, Minnesota on 31 August 1942.  He underwent training as a military policeman (MP) and served as an MP for 9 months.  He was then classified as an account clerk and was promoted to the rank of Technician 5th Class (now known as a specialist/E-4) on 19 September 1945.   

He continued to serve until he was honorably discharged in the rank of Technician 5th Class on 20 November 1945.  He had served 3 years, 3 months and 3 days of total active service. 

A review of the available records fails to reveal any indication that the applicant was recommended for promotion beyond the grade he held at the time of his separation.

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.  Although the Board understands the applicant’s desire to be recognized for his accomplishments while on active duty, neither the evidence submitted by the applicant or the available evidence of record shows that he was recommended for or unjustly denied a promotion while on active duty.  Therefore, given the passage of time that has elapsed (50+ years) and the absence of evidence to show otherwise, there is no basis to promote him at this 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

__jrs____  ___ls____  __cg____  DENY APPLICATION

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

INDEX

CASE ID	AR2001057819	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV IN GRD	
2.		
3.		
4.		
5.		
6.