Author: CoopeWL

ABCMR Memorandum of                                                             AR1999033647
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 May 2000
	DOCKET NUMBER:   AR1999033647

	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 Mr. Lee Cates | | Director Analyst

  The following members, a quorum, were present:

| Mr. Elzey J. Arledge | | Chairperson
| Mr. Kenneth L. Wright | | Member
| Mr. Ernest W. Lutz | | 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 records of her deceased husband, a former service member (FSM), be corrected to show that he was separated in the rank of technical sergeant (T/Sgt).

APPLICANT STATES: That he served in the rank of T/Sgt, but was separated as a private first class (PFC).  She provides a statement of support that indicates the FSM was “discharged with the rank of Sergeant”.

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

On 25 September 1936, the FSM enlisted in the Army and served until his separation on 5 September 1939 (2 years, 11 months and 11 days).  On             5 September 1939, he was advanced to the rank of PFC.

On 6 September 1939, the FSM enlisted in the Army, in the rank of PFC.

On 23 August 1940, he was temporarily appointed to the rank of corporal (Cpl) as evidenced by War Department Adjutant General Office Form Number (WD AGO Fm Nr) 58 (Promotion Certificate).

On 12 March 1941, he was temporarily appointed to the rank of staff sergeant (S/Sgt) as evidenced by WD AGO Fm Nr 58.

On 10 March 1942, he was temporarily appointed to the rank of T/Sgt as evidenced by WD AGO Fm Nr 58.

On 17 October 1945, he was honorably separated in the rank of PFC under Army Regulation 615-365, convenience of the Government and Demobilization.  His Report of Separation indicates he had 6 years, 1 month and 12 days of creditable service for a total of 9 years and 23 days.

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 evidence of record shows the FSM was promoted temporarily to the ranks of Cpl, S/Sgt and T/Sgt; however, those ranks were temporary.

2.  He was permanently advanced to PFC on 5 September 1939.

3.  The FSM was appropriately separated in the rank of PFC; therefore, there is no error or injustice.

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

__EA___  ___KW___  ___EL___ DENY APPLICATION

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

INDEX

CASE ID | AR1999033647
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20000525
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         1.110 | Rank upon discharge
2. |
3. |
4. |
5. |
6. |