MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 July 2003
	DOCKET NUMBER:   AR2002083163

	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	
	Ms. Kathleen A. Newman		Member	
	Mr. Patrick H. McGann		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:  Restoration of his rank from private to staff sergeant.

APPLICANT STATES:  That he was told by his commanding officer (CO) that he had to eat with the other noncommissioned officers (NCOs) and he refused.  He states that he tried to explain to his CO that he had been through the war with his squad and that his squad was like a family to him.  He states that, without being told, he was reduced in rank because he continued to eat with his squad.  He concludes by stating that he believes that his CO was wrong and that he was lead to believe that everything would be taken care of.

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 his Enlisted Record and Report of Separation (WD AGO Form 53-55.

He was inducted into the Army on 24 February 1943.  He successfully completed his training as an antitank NCO and on 25 July 1943, he departed the Continental United States (CONUS) for the Philippine Theater of Operations where he remained for 2 years, 3 months and 12 days. 

His awards include the Bronze Star Medal, the Purple Heart, Combat Infantryman Badge, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal w/three bronze service stars, the World War II Victory Medal, the Army of Occupation Medal w/Japan Clasp, the Philippine Liberation Ribbon w/one bronze service star and one bronze arrowhead, the Honorable Service Lapel Button WW II and four Overseas Service Bars.

His WD AGO Form 53-55 form shows that he returned to the CONUS on 9 October 1945 and that he was honorably discharged on 10 November 1945, in the rank of private.  However, his WD AGO Form 53-55 also shows that the highest grade that he held while he was in the Army was staff sergeant.

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.  Although his WD AGO Form 53-55 shows that at some point while he was in the Army he held the rank of staff sergeant, his WD AGO Form 53-55 also shows that he was discharged in the rank of private.  

3.  The Board has noted the applicant’s contentions.  However, there is no evidence in the available record to shows that the action that was taken against him which resulted in his being reduced in rank, was in error or unjust.  Therefore, it must be presumed that what the Army did in his case was correct.

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

__kan___  ___rvo __  __pm ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002083163	
SUFFIX		
RECON		
DATE BOARDED	2003/07/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  307	129.0500	
2.		
3.		
4.		
5.		
6.