MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           7 November 2000                   
	DOCKET NUMBER:   AR2000041312

	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. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Paula Mokulis 		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:  That his rank as shown on his Honorable Discharge and his Enlisted Record and Report of Separation be changed from Corporal to T/4 (Technician 4th Grade).

APPLICANT STATES:  That at the time of his discharge he was a T/4, not a Corporal, and had been a T/4 for about 12 months.  He was informed that the ranks were being changed; but was also informed that the rank changes did not occur.  He should have been discharged as a T/4.

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

A copy of a 15 March 1948 document, whereby the applicant extended his enlistment, shows his rank as T/4.  A 3 June 1948 letter from The Adjutant General concerning the applicant’s hardship discharge shows his rank as Technician Fourth Class.

A “Certificate of Inspecting Officer” concerning the applicant shows his rank as T/4.  An 11 July 1948 customs declaration shows his rank as T/4.  A copy of an envelope with his return address shows his rank as T/4.

The applicant’s service record shows his promotions, to PFC (Private First Class) on 2 May 1947, to T/5 on 15 July 1947, to T/4 on 2 October 1947 (confirmed as his permanent grade), and to Corporal on 2 October 1947, with the notation that the rank was a conversion authorized by a 1948 DA circular.

The applicant was discharged from the Army on 5 August 1948.  Both his Honorable Discharge Certificate and his Enlisted Record and Report of Separation, a copy of which he has furnished, show his rank as Corporal.  His date of rank is shown as Oct 47.

Effective 1 August 1948 the Army rank structure changed.  Those soldiers in grade 4, Technician 4th Grade, converted to grade 4, Corporal. 

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 rank of Technician 4th Grade was converted to Corporal prior to the applicant’s discharge.  That fact is also indicated in his service record.  Consequently, his discharge as a Corporal on 5 August 1948 is correct. 

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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 that requirement.

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

___gdp__  __mhm__  ___pm___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041312	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  307	129.00	
2.		
3.		
4.		
5.		
6.