| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Patrick H. McGann | Member |
APPLICANT REQUESTS: Restoration of his rank from private to staff sergeant.
APPLICANT STATES: That he was told by his commanding officer (CO) that he had to eat with the other noncommissioned officers (NCOs) and he refused. He states that he tried to explain to his CO that he had been through the war with his squad and that his squad was like a family to him. He states that, without being told, he was reduced in rank because he continued to eat with his squad. He concludes by stating that he believes that his CO was wrong and that he was lead to believe that everything would be taken care of.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from his Enlisted Record and Report of Separation (WD AGO Form 53-55.
He was inducted into the Army on 24 February 1943. He successfully completed his training as an antitank NCO and on 25 July 1943, he departed the Continental United States (CONUS) for the Philippine Theater of Operations where he remained for 2 years, 3 months and 12 days.
His awards include the Bronze Star Medal, the Purple Heart, Combat Infantryman Badge, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal w/three bronze service stars, the World War II Victory Medal, the Army of Occupation Medal w/Japan Clasp, the Philippine Liberation Ribbon w/one bronze service star and one bronze arrowhead, the Honorable Service Lapel Button WW II and four Overseas Service Bars.
His WD AGO Form 53-55 form shows that he returned to the CONUS on 9 October 1945 and that he was honorably discharged on 10 November 1945, in the rank of private. However, his WD AGO Form 53-55 also shows that the highest grade that he held while he was in the Army was staff sergeant.
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. Although his WD AGO Form 53-55 shows that at some point while he was in the Army he held the rank of staff sergeant, his WD AGO Form 53-55 also shows that he was discharged in the rank of private.
3. The Board has noted the applicant’s contentions. However, there is no evidence in the available record to shows that the action that was taken against him which resulted in his being reduced in rank, was in error or unjust. Therefore, it must be presumed that what the Army did in his case was correct.
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
__kan___ ___rvo __ __pm ___ DENY APPLICATION
| CASE ID | AR2002083163 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/07/03 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 307 | 129.0500 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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