MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 JULY 2003                  
	DOCKET NUMBER:   AR2002081244

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert L. Duecaster		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 the records of her uncle, a deceased servicemember, be corrected to reflect that he was serving in the grade of Staff Sergeant at the time of his death in July 1944.

APPLICANT STATES:  That her uncle was a Staff Sergeant at the time of his death, and not a private, as is recorded on his headstone.  She states that the error may have occurred based on information contained in his report of death.  She notes that she has a letter from her uncle's brother which reflects her uncle's grade as Staff Sergeant, in addition to photographs, and a copy of "orders making" her uncle "a Staff Sergeant."  In support of her request she submits the letter, photographs, and "orders."

EVIDENCE OF RECORD:  The servicemember's military records were not available to the Board and were likely destroyed or lost during the 1973 fire at the National Personnel Records Center in St. Louis.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The servicemember's report of death, prepared on 16 August 1944, notes that he entered active duty on 11 October 1940.  A certificate, provided by the applicant in support of her request, indicates that on 1 September 1942, while at Camp Livingston, Louisiana, he was "appointed" as a Staff Sergeant with the 1st Squadron, Headquarters, 106th Cavalry.  The certificate notes that the servicemember would "discharge the duty of Staff Sergeant by doing and performing all manner of things thereunto belonging."

Information obtained from the Center for Military History indicates that the servicemember's unit, the 106th Cavalry, deployed to the European Theater of Operations in the spring of 1944 and first participated in combat actions at Normandy in June 1944.

On 22 July 1944 the servicemember was killed in action in France.  A unit status report, rendered on 22 July 1944, indicated the servicemember's grade as Private.  The August 1944 Western Union Telegram informing the servicemember's parents of his death, and the War Department Report of Death, all reflect the servicemember's grade as Private.

In correspondence initiated by the servicemember's brother in November 1944 to the Adjutant General in Washington, D.C. requesting information regarding the death of the servicemember, the author refers to his brother as Staff Sergeant.

The deceased servicemember was interred in the American Military Cemetery in Blosville, France.  All documents from the War Department reflect the servicemember's rank as Private.
Photographs submitted by the applicant are not dated but do show a soldier, in uniform, with Staff Sergeant stripes, outside a building marked "106."

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.  Unfortunately, the absence of the servicemember's records makes it impossible to determine exactly what happened in his case.  However, the fact that the 1942 certificate "appointed" him to the rank of Staff Sergeant, and was not a "promotion" order, tends to support a conclusion that the servicemember may have been temporarily appointed to the grade while at Camp Livingston to fill a particular need of the organization at the time, and was not in fact a permanent promotion.  It is possible that the photograph was taken after the servicemember was “appointed” to the grade of Staff Sergeant, while he was still at Camp Livingston.  It is not, however, evidence that the servicemember held that rank at the time of his death.

2.  This conclusion is further supported by the information contained in the unit status report, filed by the servicemember's unit on the date of his death, which indicates his rank as Private.

3.  Unfortunately, in the absence of more compelling evidence, the Board concludes there is insufficient evidence to confirm that the servicemember held a permanent grade of Staff Sergeant at the time of his death in July 1944.

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

__GJW__  __KAH __  __RLD __  DENY APPLICATION

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

INDEX

CASE ID	AR2002081244	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030731	
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.	110.00	
2.		
3.		
4.		
5.		
6.