MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             8 June 2000                  
	DOCKET NUMBER:    AR1999031671

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		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:  That the rank on his discharge be corrected to reflect corporal or explain why the corporal rank was taken away, if in fact it was.

APPLICANT STATES:  That he was sent to Camp Roberts, California after returning from 8 months in the Solomon Islands where he made corporal.  While at Camp Roberts, where he was being treated for malaria, he was reduced to the rank of private.  He suspects that the reduction was due to his hospitalization.

In support of his request, he has provided a personal statement on VA Form 21-4138, a copy of his WD AGO Form 55, Honorable Discharge, the reverse side of which contains an overview of his Enlisted Record and copies of his Camp Roberts NCO Club Card, Class “A” Pass and a letter titled Authorization to Purchase and Wear Service Ribbons, all of which show his rank as corporal.

EVIDENCE OF RECORD:  The applicant's military personnel records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from his medical records, which were available and reviewed in addition to the document furnished with his application.

He was inducted on 6 August 1941 and served in the Asiatic-Pacific Theater of Operations.  He was returned to the States on 21 September 1943 for treatment of malaria at the Station Hospital, Camp Roberts, California and was honorably discharged with a Certificate of Disability Discharge on 23 October 1944 in the rank of private.

His WD AGO Form 55, (the enlisted record portion), reflects his grade as private. The line entitled noncommissioned officer contains the entry - “Corporal fr 3 June 1943 to 6 October 1944”.  The record contains no further explanation of this entry.

The NCO Club Card, the Class “A” Pass and the letter Authorization to Wear Service Ribbons, which were provided with his application show his rank as corporal.

Army Regulation 615-5, Appointment and Reduction of Noncommissioned Officers and Privates, First Class, the regulation then in effect, provides for the temporary appointment of acting noncommissioned officers for the purpose of providing administrative and control personnel in cases where regularly assigned noncommissioned officers are not available.  It also directs that action taken to reduce a noncommissioned officer will provide for reduction to the grade of private.

The same regulation pertinently provides that a noncommissioned officer will not be reduced because of absence due to sickness in line of duty.

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.  Unfortunately, without the personnel portion of his military records it is not possible to determine with any degree of certainty why the applicant was appointed a corporal for the period 3 June 1943 to 6 October 1944 only.  It would appear, however, that such an appointment was provisional, as envisioned by the appointment regulation.  Consequently, when the he was processed for separation he was reduced to his permanent rank of private, which is the rank currently reflected on his Honorable Discharge Certificate..

2.  The documents that were submitted in support of his application all show him as a corporal.  These documents are undoubtedly correct since they were all issued during the 3 June 1943 to 6 October 1944 time period when he was an acting corporal.  The rank shown on these documents does not, however establish that corporal was his permanent rank, especially in light of the entry in his enlisted record specifically restricting his tenure as a corporal. 

3.  In the absence of evidence to the contrary, it must be presumed that the action taken by the Army in his case was correct.  He has provided no evidence to overcome the inference in his record that his appointment to corporal was temporary and that he was properly reduced to the rank of private.

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

___slp  __  ___lem__  ___aao__  DENY APPLICATION

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

INDEX

CASE ID	AR1999031671	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000608	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  129.05		
2.		
3.		
4.		
5.		
6.