MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1999015581

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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 his records be corrected to show that he was discharged in the rank of T/5.

APPLICANT STATES:  In effect, that he attained the rank of T/5 and he worked with heavy equipment until he was discharged.  He further states that he desires his records to be corrected to show that he was discharged in that rank.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55).

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center at St. Louis, Missouri which destroyed millions of service records.  However, the available records show:

The applicant was inducted in New York City, New York on 25 October 1943 and entered active duty on 15 November 1943.  He successfully completed his training as an automotive mechanic and was transferred to the European Theater of Operations on 21 February 1944.  He was appointed to the rank of T/5 on 19 October 1944.

Although not fully explained in the available records, they show that he was reduced to the rank of private on 4 May 1945 as a result of company punishment and an order was published to that effect.

He was advanced to the rank of private first class (PFC) on 12 August 1945 and continued to serve in that rank until he was honorably discharged on 12 January 1946.  His WD AGO Form 53-56 shows that the highest rank he attained was T/5.

Army Regulation 635-5 serves as the authority for the preparation of the report of separation or discharge.  It states, in pertinent part, that the rank in which the individual is serving at the time of separation will be the rank depicted on that document.  There are no provisions for changing the rank of the individual concerned to reflect a rank that was held prior to or subsequent to the date of separation.

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 was serving in the rank of PFC at the time he was separated from the service and he was properly separated in that rank in accordance with applicable regulations.  He has also failed to show that he was not properly reduced in grade or that the rank he held at the time of separation was incorrect. Accordingly, there is no basis to change his records to show otherwise.

3.  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

__cmf___  ___cla___  __mm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015581	
SUFFIX		
RECON		
DATE BOARDED	1999/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189 	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.