MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            27 June 2000
	DOCKET NUMBER:   AR1999029601

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 late father’s Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show his rank at the time of separation as corporal (E-4) instead of private first class (E-3).

APPLICANT STATES:  That the highest grade that the former service member (FSM) held while he was in the Army was E-4 and his WD AGO Form 53-55 should be corrected to show his pay grade at the time of separation as E-4.  In support of his appeal, the applicant submits a copy of a Certificate of Death that reflects the date of his father’s death, and a copy of a Certificate of Executor indicating that the last will and testament of the FSM was executed.

EVIDENCE OF RECORD:  The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

The available records show that he enlisted in the Army on 13 January 1939.  He successfully completed his training as a military policeman.

The FSM’s WD AGO Form 53-55 shows that he was honorably discharged in the pay grade of E-3 on 29 September 1945.  His WD AGO Form 53-55 also shows that the highest grade held was corporal.

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 the aforementioned requirement.

2.  Although the FSM’s WD AGO Form 55-53 shows the highest grade held as corporal, it also shows that he was discharged in the pay grade of E-3.  There is no evidence of record that show that when he held the rank of corporal he was permanently promoted to that pay grade or that he was not reduced in pay grade at some point prior to his discharge as a result of an unfavorable action taken against him.

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in the FSM’s case was correct.

4.  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

__wtm __  ___mdm _  __clg ___  DENY APPLICATION

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

INDEX

CASE ID	AR1999029601	
SUFFIX		
RECON		
DATE BOARDED	2000/06/27	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/discharge	
2.  224	112.0200/DOR	
3.		
4.		
5.		
6.