| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his discharge documents be corrected to reflect that he was discharged in the rank of corporal.
APPLICANT STATES: That he had risen to the rank of corporal, yet when he was discharged, he noticed that his rank was reflected as a private. When he asked his supervisor about it he was informed that any rank earned overseas stayed overseas. At the time he thought it made sense and did not question it. However, as time went on he began to question it. It was then that he was informed that he had been demoted for 1-day of being absent without leave (AWOL). He goes on to state that he had a flat tire and sent a telegram to his unit informing them that he would be back as soon as possible and he saw the telegram on his superior’s desk. He also states that nothing was ever said or done about his absence and given his service to his country, his reduction amounts to a miscarriage of justice.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, reconstructed records show:
He enlisted in the Washington State Army National Guard on 9 November 1939 and was inducted into active military service with his unit on 16 September 1940, pursuant to Executive Orders 8530, dated 31 August 1940. He was appointed to the rank of corporal on 5 June 1941. It appears that he was charged with one day of AWOL on 18 September 1941.
He departed the United States for Hawaii on 17 December 1941 and was admitted to Tripler General Hospital in Honolulu, Hawaii, where he was diagnosed with a valvular heart disease.
Although the facts and circumstances are not fully explained in the available records, his final statement of pay indicates that he was reduced in grade from corporal to private on 23 May 1942 and was fined $30.00 in pay under special order number 137 dated 22 May 1942.
He was returned to the United States on 1 June 1942 and was transferred to Letterman General Hospital in San Francisco, California, where he remained until he was honorably discharged in the rank of private on 26 June 1942 and was issued a certificate of disability discharge.
Hospital documents completed at Letterman General Hospital at the time of his admission on 1 June 1942 show that he was admitted as a private.
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. 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.
2. While the Board cannot determine the basis for the applicant’s reduction in rank and forfeiture of pay on 23 May 1942, over a month prior to his discharge, the evidence of record clearly shows that he was reduced in grade and that the reduction was made a matter of record.
3. Although the applicant asserts that he was reduced for his 1-day AWOL offense, the evidence of record does not support his contention. It appears that his punishment was imposed for something other than the AWOL period, based on the date the punishment was imposed.
4 Accordingly, in the absence of evidence to the contrary, the Board must accept the evidence of record and presume that the actions taken by the Department at the time were in accordance with applicable regulations in effect at the time.
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
_rvo ____ __wdp___ __jpi____ DENY APPLICATION
| CASE ID | AR2001061596 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/11/29 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 319 | 131.0900/RESTORE RANK |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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