MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 January 2001
	DOCKET NUMBER:  AR2000044245

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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:  In effect, correction of item 18 (Grade-Rate or Rank at Time of Entry into Active Service) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the entry “SGT/E-5” instead of “Pvt-1” [Private].

APPLICANT STATES:  That he was a sergeant (SGT/E-5) in good standing in the Army National Guard (ARNG) and was inducted as a private (Pvt-1) in the Regular Army.  He also states that per regulation, in effect at that time, that he would like his DD Form 214 corrected to show that he was inducted as a
sergeant (SGT/E-5) instead of a private (Pvt-1).  In support of his application he submits a copy of his DD Form 214, a copy of NGB Form 22 (Report of Separation and Record of Service in the National Guard) and a copy of his DD 44 (Military Status of Individual).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he enlisted on 21 November 1949 in the South Carolina Army National Guard (SCARNG) as a supply sergeant.  He continued to serve until he was honorably discharged from the SCARNG on 20 November 1952.

Item 30 (Highest Grade Held) on the applicant’s NGB Form 22 shows the entry “Corporal” and item 3 (Grade) shows the entry “Cpl”.

The applicant provided a copy of his DD Form 44, dated 28 April 1953 which shows the entry “Sgt”. 

He was inducted in the Army on 28 May 1953 as a private (Pvt-1) and was separated from active duty in the grade of “Cpl” on 12 May 1955.

Item 18 (Grade-Rate or Rank at the time of Entry into Active Service) of the 
applicant’s DD Form 214, which was authenticated in his own hands, shows the entry “Pvt-1”.

No regulation could be found that provided any policy on the grade of former Army enlisted members upon induction.  In the interest of fairness, Special Regulation 615-120-2 was reviewed for similar policy upon enlistment.

Special Regulation 615-120-2, in effect at that time, prescribed the procedures for processing applicants for enlistment and reenlistment in the Regular Army.
Paragraph 10 applied to grades for former Army enlisted men.  It stated, in 
pertinent part, that men who have had at least 4 months prior service and whose 
last service was in the Army, terminated under honorable conditions, and who enlisted or reenlisted in the Regular Army for 3 or more years would have been
enlisted in grades as prescribed herein provided they were otherwise qualified.  Active duty for training would not have been considered for the purpose of grade determination.  It also stated that the applicant would have been enlisted in the pay grade of E-1 whose only active service had been active duty for training.

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 evidence of record shows that the applicant’s highest grade held was corporal and that he was discharged as a corporal instead of a sergeant in the SCARNG.  The Board notes that the applicant provided a copy of a DD Form 44 which shows the entry “Sgt”; however, this document was only a request for information.  

2.  The evidence of record also shows that the applicant was inducted as a Private (Pvt-1) instead of Sergeant (SGT/E-5).  The Board further notes that in accordance with regulations, in effect at that time, that active duty for training would not be considered for the purpose of grade determination and that applicant would enlist in the pay grade of E-1.  The applicant’s active service in the SCARNG was for active duty for training.  Therefore, there is no basis to correct item 18 (Grade-Rate or Rank at the time of Entry into Active Service) of the applicant’s DD Form 214 to show that he was inducted as a sergeant (SGT/E-5) instead of private (Pvt-1).

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 this 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

__jh___  __kh____  ___le_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044245	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19550512	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  307		
2.		
3.		
4.		
5.		
6.