MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 November 2001
	DOCKET NUMBER:   AR2001061596

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		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 discharge documents be corrected to reflect that he was discharged in the rank of corporal.

APPLICANT STATES:  That he had risen to the rank of corporal, yet when he was discharged, he noticed that his rank was reflected as a private.  When he asked his supervisor about it he was informed that any rank earned overseas stayed overseas.  At the time he thought it made sense and did not question it.  However, as time went on he began to question it.  It was then that he was informed that he had been demoted for 1-day of being absent without leave (AWOL).  He goes on to state that he had a flat tire and sent a telegram to his unit informing them that he would be back as soon as possible and he saw the telegram on his superior’s desk.  He also states that nothing was ever said or done about his absence and given his service to his country, his reduction amounts to a miscarriage of justice.

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

He enlisted in the Washington State Army National Guard on 9 November 1939 and was inducted into active military service with his unit on 16 September 1940, pursuant to Executive Orders 8530, dated 31 August 1940.  He was appointed to the rank of corporal on 5 June 1941.  It appears that he was charged with one day of AWOL on 18 September 1941.

He departed the United States for Hawaii on 17 December 1941 and was admitted to Tripler General Hospital in Honolulu, Hawaii, where he was diagnosed with a valvular heart disease. 

Although the facts and circumstances are not fully explained in the available records, his final statement of pay indicates that he was reduced in grade from corporal to private on 23 May 1942 and was fined $30.00 in pay under special order number 137 dated 22 May 1942.

He was returned to the United States on 1 June 1942 and was transferred to Letterman General Hospital in San Francisco, California, where he remained until he was honorably discharged in the rank of private on 26 June 1942 and was issued a certificate of disability discharge. 

Hospital documents completed at Letterman General Hospital at the time of his admission on 1 June 1942 show that he was admitted as a private.

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.  While the Board cannot determine the basis for the applicant’s reduction in rank and forfeiture of pay on 23 May 1942, over a month prior to his discharge, the evidence of record clearly shows that he was reduced in grade and that the reduction was made a matter of record.

3.  Although the applicant asserts that he was reduced for his 1-day AWOL offense, the evidence of record does not support his contention.  It appears that his punishment was imposed for something other than the AWOL period, based on the date the punishment was imposed.  

4  Accordingly, in the absence of evidence to the contrary, the Board must accept the evidence of record and presume that the actions taken by the Department at the time were in accordance with applicable regulations in effect at the time.

5.  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

_rvo ____  __wdp___  __jpi____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061596	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/RESTORE RANK	
2.		
3.		
4.		
5.		
6.