MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 July 1999                   
	DOCKET NUMBER:   AC94-11967B
				   AR1999014714

	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. Loren G. Harrell		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N, Wheelwright		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Meta Waller		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: Reconsideration his earlier application to correct his records by showing on his separation documents that his rank was sergeant.  He has also applied under the Board’s Reconsideration Project.

APPLICANT STATES:   He submits numerous documents, including those that pertain to his marriage to a German national that show his rank as sergeant.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous considerations of the case on 28 June 1995 (COPY ATTACHED).

The applicant’s submissions are new evidence that requires Board consideration.

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.  At the time of the applicant’s active duty service it was common for soldiers to serve in a capacity for which the table of organization provided a higher rank than the permanent rank they actually held  .  Such individuals wore the insignia of, were referred to and addressed as the higher rank.  When they were transferred from the unit or were replaced by a individual holding the appropriate permanent rank, they reverted to their permanent rank.
 
2.   Notwithstanding the additional documentation now offered there is no evidence to show that the applicant was a sergeant upon separation.
 
3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

___INW__  __JEA__  ___MW__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC94-11967B
AR1999014714	
SUFFIX		
RECON		
DATE BOARDED	19990707	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	13100	
2.		
3.		
4.		
5.		
6.