MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             22 March 2000
	DOCKET NUMBER:    AR1999029734

	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.

	Ms. Joyce A. Wright 		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 that he was separated in the pay grade of “S SGT” (Staff Sergeant/Technician 3rd Grade) instead of “PFC” (Private First Class/Grade 6).

APPLICANT STATES:  That records show he was reduced in rank, but he has no knowledge of such a reduction.  He also states that he was an acting first sergeant in Munich, Germany, until the unit moved to France.  He further states that he was replaced by another first sergeant from “Quarter Masters” and later retained the rank of platoon sergeant until the time of his discharge.  He goes on to state that item 21 (Civilian Occupation and No.) of his WD AGO Form 53-55 lists his prior related civilian occupation as “longshoreman” which is incorrect.

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 28 November 1940.  He served in the Central Pacific Theater of Operations from 6 March 1942 to 22 April 1942 and in the European African-Middle Eastern Theater of Operations from 19 September 1944 to 3 September 1945 and was honorably discharged on 20 September 1945.

The applicant’s WD AGO Form 53-55, which is authenticated in his own hands, shows that in item 38 (Highest Grade Held) the entry “S SGT” (Staff Sergeant/Technician 3rd Grade).  However, his discharge document also shows in item 3 (Grade) the entry “PFC” (Private First Class/Grade 6).

Item 21 (Civilian Occupation and No) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “longshoreman
“9-47.10”.  It is noted that item 21 has been altered to delete the entry “longshoreman” and the corresponding number.

Based on regulation, in effect at the time, the applicant’s related civilian occupation was entered in item 21 (Civilian Occupation and No.) of the WD AGO Form 53-55 as shown on the WD AGO Form 100 (Separation Qualification Record) item 13 (Title-Description-Related Civilian Occupation) or as shown on his WD AGO Form 20 (Service Record).  The regulation also requires that 
corresponding code will be shown to the right of the description.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence to show that his prior related civilian occupation of longshoreman is incorrect.  Therefore, there is no basis to correct item
21 (Civilian Occupation and No.) of his WD AGO Form 53-55.  Although, the applicant’s highest grade held was Staff Sergeant, his records show he was discharged as a PFC.  In the absence of evidence to the contrary, item 3 of his discharge document is correct as currently constituted.

2.  There is no evidence in the available records to show that he was readvanced higher than PFC (Private First Class/Grade 6) prior to his discharge.  Therefore, there is no basis to correct item 3 (Grade) of his WD AGO 53-55.

3.  In order to justify correction of a military record the applicant must show to the
satisfaction of the Board, or it must otherwise appear, that the record is in error
or unjust.  The applicant has failed to submit evidence that would satisfy the
aforementioned requirement.

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:

JMA____  TSK_____  AAO____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029734	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450920	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.