MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           20 June 2002                   
	DOCKET NUMBER:   AR202067416

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his rank as “Tec 5” (Technician 5th Grade/Grade 5)” instead of “Pfc” (Private First Class/Grade6).

APPLICANT STATES:  That his honorable discharge shows his grade as “Pfc”  which is incorrect.  He had been reduced in grade but was promoted to “Tec 5” 
approximately 5 to 6 months prior to his discharge.  In support of his application he submits a copy of his WD AGO Form 53-55 and a copy of orders awarding him the Good Conduct Medal.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 23 July 1942, as a light truck driver (345).  He served in the Asiatic-Pacific Theater of Operations from 1 September 1942 to on or about 16 November 1945, and continued to serve until he was honorably discharged 
on 27 November 1945.

The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, shows that in item 38 (Highest Grade Held) the entry “Tec 5.”  His discharge document also shows in item 3 (Grade) the entry “Pfc.” 

Headquarters Special Troops, 40th Infantry Division Special Orders Number 41, dated 16 June 1944, awarding him the Good Conduct Medal, shows his rank as “Tec 5.”

There are insufficient records available to the Board to show what caused the applicant’s reduction to the rank of “PFC.”

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 orders awarding the applicant the Good Conduct Medal shows his rank as “Tec 5” and item 38 (Highest Grade Held) of his WD AGO Form 53-55 shows his highest grade held as “Tec 5.”  However, there is no evidence in the available records, and the applicant has provided no evidence, to show that he was promoted approximately 5 to 6 months prior to his discharge or to show that he
was serving in a higher grade at the time of his discharge.  Therefore, there is no basis to correct item 3 (Grade) of his WD AGO Form 53-55.

2.  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.

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

__rvo___  __rwa___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067416	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451127	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	803	
2.		
3.		
4.		
5.		
6.