MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  2 September 1999
	DOCKET NUMBER:   AR1999015261

	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. Loren G. Harrell		Director	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Thomas N. Kuhn		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:  Correction of his AGO Form 53, honorable discharge, to show that he was discharged in the rank of corporal (CPL) instead of private first class (PFC).

APPLICANT STATES:  In effect, that at the time of his discharge from the newly formed U. S. Air Force on 30 December 1948, he was not concerned with the fact that his discharge document indicated his highest grade held was PFC.  He further states that since then, he was advised by a VA counselor that any discrepancies on his discharge document could affect the amount or delay the processing of dependency indemnity compensation if his spouse should apply for such benefits as a widow; and that any discrepancies should be corrected prior to such an event.

In support of his request, the applicant submitted a personal statement and a number of documents that were also contained in his official file.  Also submitted with his request was a letter from the U.S. Air Force (USAF), Review Boards Office, advising the applicant to seek assistance from this Board to correct his records.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered the Army of the United States on 31 December 1945.  He was promoted to PFC on 23 July 1946, promoted to CPL on 1 March 1947 and reduced to PFC on 1 August 1948.

Review of the documents submitted by the applicant included several hospital forms that showed his rank as CPL.

His AGO Form 53 indicated that he was separated on 30 December 1948 in the rank of PFC under the authority of Army Regulation 615-360, expiration of term of service.  This document indicated that the component was the USAF.

The Board noted the applicant’s service from 31 December 1945 to 30 December 1948 was during a time when the USAF was a part of the Army and not a separate military component as it is today.

He reenlisted on 13 December 1949 and served continuously on active duty until his discharge in the rank of sergeant first class (SFC) and transfer to the Retired Reserve on 1 August 1968 after completing 21 years, 7 months and 18 days of active federal service.

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.  The applicant’s request is not warranted when the evidence of record is considered.

2.  The documents submitted by him to support his contention are not considered official documents for the purpose of grade determination.  

3.  The Board presumes administrative regularity in the processing of his discharge in the rank of private first class.  There is nothing in the available records or in anything submitted by him to overcome that presumption.

4.  His discharge on 30 December 1948 was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor appeared appropriate.

5.  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 the aforementioned requirement.

6.  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

__MP____  ___JA___  ___TK__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015261	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19481230	
DISCHARGE AUTHORITY	AR615-360	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.