MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 March 1999                  
	DOCKET NUMBER:   AR1999014913

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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, that his Report of Separation be corrected to show he was discharged as a Sergeant, not a Private.

APPLICANT STATES:  He was never aware that he had been busted.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Army National Guard on 6 October 1939 and entered active service on 16 January 1941.

Several documents on file show his grade as Technician 4th Grade (T 4th); one document shows his grade as Sergeant.

His service record shows that he was promoted to Technician 4th Grade on         1 June 1942 and reduced to Private on 22 March (document illegible) 1944.  One entry in his pay records shows “Due sol 20% incr in base pay as PVT for foreign srv fr 1 May 44 to 20 July 44.”

The applicant’s Certificate of Disability for Discharge shows his grade as Private. His Report of Separation shows he was honorably discharged, with a disability discharge and a characterization of service at separation as excellent, on          24 August 1944.  This document was damaged in the National Personnel Records Center Fire in 1973 and a portion of it is not available.

There is no evidence of any misconduct in the applicant’s records.  He was awarded the Army Good Conduct Medal in January 1944.  Because of this lack of evidence of any kind of misconduct, the applicant’s reduction presumably was an administrative reduction from a temporary grade back to his permanent grade, possibly as a result of his return from a combat zone to a hospitalization status.

The enlisted grade structure of the Army during the period 1 September 1942 through 31 July 1948 included the rank titles of Technician 4th Grade and Sergeant, pay grade E-4.  Both a permanent and a temporary grade structure were also in effect.  

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.  The applicant’s service record shows that he was promoted to Technician 4th Grade on 1 June 1942.  One document does show his grade as Sergeant.  However, his service record then shows that he was reduced to Private on        22 March (document illegible) 1944 and was paid as a Private at least from         1 May – 22 July 1944.

3.  As there is no evidence of misconduct in the applicant’s records, presumably his reduction to Private was an administrative action with no prejudice to him.  All evidence indicates that this was his permanent grade at the time of his separation.

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

__RVO___  __EW____  __GCM___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014913	
SUFFIX		
RECON		
DATE BOARDED	19990303	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.