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Decision Text

ARMY | BCMR | CY1997 | 9711298
Original file (9711298.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his records be corrected to show that he was never reduced in grade from sergeant.
APPLICANT STATES : On 16 April 1944 he was on a weekend pass in which he was part of a team of noncommissioned officers which were “putting on a show” in a town in the United States. When they had completed the show, they spent the night at a hotel in that town since there was no transportation available that night.  While spending the night, the town they were in was caught in a devastating tornado. All lines of communication had been destroyed, making it impossible for him to contact his command. He stayed in the town until Monday, 17 April, to help the townspeople clean up, and returned to his unit that day, 6 hours late. When he arrived he was told he was AWOL and had a choice between a week of hard labor or a reduction from sergeant to private, even after he explained what happened with the tornado. He chose the hard labor, but was reduced to private first class anyway. Despite efforts by his subsequent commanders, he was never given back his sergeant stripes.

In support of his application he submits copies of a newspaper which shows that a dance was given for local servicemen on Friday, 14 April 1944, in a town in South Carolina. Another undated article in a newspaper showed that the same town was struck by a tornado on a Sunday.

 EVIDENCE OF RECORD : The applicant's military records were not locatable and are presumed destroyed in the fire at the records repository at St. Louis in 1973. The only evidence of record is the applicant’s separation documents.

The applicant entered on active duty on 20 February 1942, performed duties as an entertainment specialist, and was promoted to sergeant. He was shipped to the Western-Pacific Theater of Operations on 27 December 1944 and to the Central Pacific Theater of Operations on 19 March 1945, being returned to the United States on 11 January 1946. He was honorably discharged due to demobilization on 20 January 1946 in the rank of private first class. He was credited with having 2 days time lost under the Articles of War.

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

1. The applicant’s explanation of the events which caused his AWOL do not correspond with the documentation he submitted to the Board.

2. He states that he put on a show on Friday and has submitted documentation which shows that a show was given in a South Carolina town that day. He also states that a tornado struck that night preventing him from returning to his unit. The newspaper he submitted shows that the tornado struck on Sunday, not Friday night or Saturday morning.

3. Without documentation which would show exactly what the applicant’s reduction was for and the date it was ordered, the Board must presume administrative regularity, that the applicant was afforded the rights given to soldiers who were reduced in rank during that time and he either chose not to exercise those rights or had unsuccessfully appealed his reduction to a higher authority. In either case the reduction would have been considered finalized in accordance with the applicable regulations.

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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