MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 August 2002
	DOCKET NUMBER:  AR2002069890

	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 J. Wagner		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Lester Echols		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:  As the spouse of the deceased former service member (FSM), that her late husband’s WD AGO Form 53-55 be corrected to show that the FSM was separated as a “Sergeant Major” instead of “M Sgt” (Master Sergeant). 

APPLICANT STATES:  That the FSM’s highest rank held during World War II was “Sergeant Major” instead of “M Sgt.”  She also states that the FSM served 11 months as a Sergeant Major; however, he was separated in the rank of 
“M Sgt.”  In support of her application she submits a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), a copy of his WD AGO Form 100 (Separation Qualification Record), and a copy of her marriage certificate.

EVIDENCE OF RECORD:  The FSM'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 that the FSM entered active duty on 7 January 1943, as a personnel clerk (405).  He continued to serve until he was honorably discharged on 7 February 1946.

Item 30 (Military Occupational Specialty [MOS] and No [Number]) of the FSM’s WD AGO Form 53-55 show the entry “Sergeant Major 502.”

The FSM’s WD AGO Form 53-55, which is authenticated in his own hands, shows that in item 38 (Highest Grade Held) the entry “M Sgt” (Master Sergeant/Grade 1).  His discharge document also shows in item 3 (Grade) the entry “M Sgt.”

The FSM’s WD AGO Form 100 (Separation Qualification Record), military occupational assignments section, shows in item 10 (months) the entry “11”,
in item 11 (Grade) the entry “M Sgt” and in item 12 (MOS) the entry “Sergeant Major (502).”  Item 13 (Title/Description/Related Civilian Occupation) shows the entry “Sergeant Major.”

The available records contain a copy of the FSM’s War Department Form 372A (Final Payment-Work Sheet) that shows he received his final pay in the pay grade of “M Sgt.”

The conversion table of pay grades for enlisted personnel during the period 1 September 1942 to 1 August 1948, shows the highest official attainable rank as Master Sergeant/First Sergeant (M Sgt/1st Sgt/Grade 1).  The enlisted conversion table for enlisted MOSs during the FSM’s tour of duty shows “502” as an “administrative NCO.”

The applicant provided a copy of her marriage certificate that shows that she and the FSM were married on 3 November 1939. 

Information provided by the Department of Veterans Affairs revealed that the FSM’s date of death was 22 July 1967. 

The purpose of the WD AGO Form 100 (Separation Qualification Record) was to assist World War II veterans in post-service employment, education, or any other endeavor by the service member.  The form was prepared based on service personnel records and personal interview for a very specific purpose and was not intended as a replacement or substitute for the official records of the individual’s service.  For these reasons, this form was prepared on a one-time basis and was not replaced or edited after the fact.

The Army rank structure did not include the rank of SGM until 1 June 1958. 

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 FSM’s WD AGO Form 100 shows that the applicant served as “Sergeant Major” for 11 months.  However, item 38 (Highest Grade Held) of the FSM’s WD AGO Form 53-55 shows his highest grade held as “M Sgt” and his final pay,
prior to separation, was in the pay grade of “M Sgt.”

2.  The evidence of record shows that the highest official attainable rank during the FSM’s tour of duty was “M Sgt/1st Sgt” and that there is no record of any duty title for “Sergeant Major” during that time period. 

3.  Notwithstanding the entry in item 30 of the FSM’s WD AGO Form 53-55 and item 13 of the FSM’s WD AGO Form 100, there is no record of any duty title for Sergeant Major.  Therefore, the FSM is not entitled to correction of his WD AGO Form 53-55 to show his highest grade held as “Sergeant Major.”

4.  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.

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

__rw___  __mt____  __le____  DENY APPLICATION

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

INDEX

CASE ID	AR2002066388	
SUFFIX		
RECON		
DATE BOARDED	20020808	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460223	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  306		
2.		
3.		
4.		
5.		
6.