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Decision Text

ARMY | BCMR | CY1980-1989 | 8002864
Original file (8002864.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Reconsideration of his requests to show that he was discharged as a Tech 5 or Corporal, grade 5 vice private.

APPLICANT STATES : The applicant maintains that he held the rank of Tech 5 and was only reduced when he entered the hospital in October 1945. Further, his commanding officer reduced him because he (the commanding officer) needed the rank for another soldier. He requests this action in order to assure that rank on his gravestone.

NEW EVIDENCE OF RECORD : 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 27 August 1980 (COPY ATTACHED).

The applicant was inducted on 28 August 1944. He served overseas in the Pacific Theater from March to 22 December 1945. He was honorably discharged on 5 March 1946 based on a Certificate of Discharge for disability. His awards included the Asiatic Pacific Campaign Ribbon, with one Bronze Star and the Good Conduct Ribbon. He was separated in the grade of private and his highest grade held was shown as Tech 5.

The applicant was hospitalized on 21 November 1945 due to complaints of nervousness, homesickness and loss of weight. In a medical report, dated 27 February 1946, his diagnosis was schizophrenic reaction, hebephrenic type, chronic, serve, improved.

Although there is no independent documentation showing that the applicant was promoted to Tech 5 and then reduced, there are medical entries which mention his pay grade. In a statement from one medical officer to another, dated 20 November 1945, it is stated that the applicant was given a job as a clerk in a personnel section, was promoted to Tech 5 but after two days asked for work outside and took a reduction for it. In a medical summary dated 25 February 1946, it was noted that the applicant claimed that he was reduced from Tech 5 to private just prior to hospitalization because of poor performance on the job. Also noted was that the applicant had no record of AWOL or court-martial. All references to the applicant after January 1945 refer to him as private.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1. Due to the lack of documentation, there is no way for the Board to determine when the applicant was promoted to Tech 5 or when and why he was reduced.

2. His contentions that he was reduced to private when he entered the hospital or to allow for the promotion of another solder is made without any independent verification. Without which, the Board must presume regularity.

3. As noted in the Board’s prior Memorandum of Consideration, without documentation showing that he was improperly reduced there is no grounds to grant relief.

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

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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