MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 March 2003
	DOCKET NUMBER:   AR2002081236

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Eloise C. Prendergast		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 military records be corrected to show his rank as staff sergeant (SSG).  

APPLICANT STATES: In effect, that on the date of his separation from the Army he held the rank of SSG.  

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

The applicant’s military records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of his separation document (WD AGO Form 53-55). 

The applicant’s WD AGO Form 53-55 confirms that he was inducted into the Army of the United States on 26 March 1943, and that he continuously served on active duty until being honorably separated on 25 October 1945.  Item 3 (Grade) of this document contains the entry private first class (PFC), indicating that he held the rank of PFC on the date of his separation.  Item 38 (Highest Grade Held) contains the entry PFC, which indicates that the highest rank he attained, held, and served in while on active duty was PFC.  Item 56 (Signature of Person Being Separated) contains the applicant’s signature, which verifies that he authenticated the separation document and the information contained therein on the date of his separation.

Army Technical Manual 12-235 prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component.  Section VI, paragraph 24, stated that the grade held at the time of separation would be entered on the separation certificate and associated documents.  In addition, the regulation provided for entering the highest grade attained, held, and served in on active duty in Item 38 (Highest Grade Held) of the WD AGO 53-55.  

Army Regulation 15-185, provides the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.

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.  The Board notes the contention of the applicant that his rank at the time of his separation is incorrect and should be corrected to read the rank of SSG.  However, the Board finds insufficient evidence to support this claim.  
2.  The available evidence includes a properly constituted WD AGO Form 53-55, which was authenticated by the applicant with his signature on the date of his release from active duty.  Item 3 of this document confirms that the applicant held the rank of PFC on the date of his separation, and Item 38 verifies that PFC was the highest rank he attained, held, and served in while on active duty.

3.  Lacking official evidence to show that the applicant was ever actually promoted to the rank of SSG during his active duty tenure, the Board must presume government regularity in the preparation of the separation document and the information contained therein.  Therefore, it is compelled to deny the requested relief in the interest of fairness to all those who served during World War II who faced similar circumstances.

4.  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.

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

___JHL__  __RVO__  __ECP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002081236	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/27	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.0900	
2.		
3.		
4.		
5.		
6.