MEMORANDUM OF CONSIDERATION


	IN THE CASE OF:   
	

	BOARD DATE:           9 December 1998                   
	DOCKET NUMBER:   AC95-08711A


	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.




	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 of his previous application to correct his records by showing that he held the rank of sergeant.

APPLICANT STATES:  In effect, that he was told that when he assumed the position as machine gunner he would be promoted to the rank of sergeant.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 16 August 1995  .

The applicant again submits his contentions that he was told he would receive the rank of sergeant when he assumed the position of machine gunner.  In support of this contention he submits three statements from former soldiers who indicate that they were also told this and personally know that the applicant served as a machine gunner.

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.  While the applicant may have held the position and responsibilities of a machine gunner at some point in his military career, there is no evidence to indicate that he was ever officially promoted to the rank of sergeant in either a temporary or permanent capacity.

2.  In time of war or when a unit is under-manned it is common practice to fill a position with a person of lesser rank until such time as either a person of the proper rank is assigned or until the person holding the position is officially promoted.  This may have been what happened in this instance and does not mandate a promotion to the rank normally necessary for the position.

3.  Even if the applicant held the rank of sergeant at some point in his career, there is no availability evidence to show that he was separated from the Army in that rank.

4.  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.

5.  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

___JN__  ___FNE__  ___TBR__  DENY APPLICATION




						Loren G. Harrell
						Director




CASE ID
AC95-08711
SUFFIX
A
RECON
 
DATE BOARDED
19981209
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES        1.
129.00
2.
131.00
3.

4.

5.

6.