MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 June 2002
	DOCKET NUMBER:   AR2001065872

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was discharged in the rank of sergeant instead of private first class, as currently reflected. 

APPLICANT STATES:  That he was promoted to the grade of sergeant in June 1945.  He states that he had been looking for proof for almost 60 years when he found proof at the Third Cavalry History Museum in the World War II section.  He states that he was able to obtain a picture of himself and a lieutenant that was taken by a Stars and Stripes war correspondent and that the caption under the picture refers to his rank as sergeant.  He concludes by stating that he performed and completed all duties given to him by his superiors until the end of the war and he needs to prove to his family that he held the rank of sergeant while he was in the Army.  In support of his appeal, he submits a picture of himself and two other individuals.  The picture was taken in February 1945 and the caption below the picture refers to the applicant’s rank as sergeant.

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

He was inducted into the Army on 15 February 1943 and entered active duty on 22 February 1943 and he successfully completed his training as an anti-tank gun crewman.

A review of the records shows that the highest rank the applicant ever held was private first class.  His Final Payment Worksheet for the period covering 1 October 1945 through 29 October 1945 shows his rank as private first class.

He was honorably discharged on 29 October 1945.  The WD AGO Form 53-55 that he was furnished at the time of his discharge shows his rank and highest grade held as private first class.

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 this requirement.

2.  The Board has noted the applicant’s contentions.  The Board has also considered the picture that was submitted along with his application.  However, it appears that the caption at the bottom of the picture is incorrect.  All of the available records to include the Final Payment Worksheet show that the applicant never held any rank higher than private first class.  

3.  Therefore, he was discharged in the rank of private first class and the grade that was recorded on his WD AGO Form 53-55 is correct as currently reflected.

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

___rwa__  ___jm ___  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065872	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  189	110.0000	
3.  302	129.0000	
4.		
5.		
6.