MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 February 2001
	DOCKET NUMBER:   AR2000045673

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi 		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 military records be corrected to show the rank of staff sergeant (E-6).

APPLICANT STATES:  That his rank on his DD Form 214 (Report of Separation from the Armed Forces of the United States) is incorrect and should show the rank of staff sergeant (E-6).  In support of his application he submits his DD Form 214 and a copy of his promotion order to sergeant (temporary).  He states that the rank of sergeant did not exist during his term of service. 

COUNSEL CONTENDS:  That the applicant’s contentions be equitably reviewed based upon the applicant’s official Army records.

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

The applicant entered the Army on 9 September 1952.  His awards include the National Defense Service Medal and the Good Conduct Medal.  He was honorably released from active duty on 8 September 1954 in the rank of sergeant (temporary).

Item 3 (Grade-Rank and Date of Appointment) of the applicant’s DD Form 214 shows the rank of sergeant (temporary) and his date of rank as 24 March 1954.

The applicant’s DD Form 230 (Service Record) indicates he was promoted to sergeant (temporary) on 24 March 1954.

On 1 August 1948 the enlisted grade structure of the Army went through a restructuring and converted the pay grade staff sergeant/E5 to sergeant/E-5. 

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 Board found no evidence that the applicant was promoted to a higher pay grade than E-5 prior to his separation from the Army.  Also, the applicant’s promotion to sergeant (temporary) /E-5 occurred after the enlisted grade restructuring that converted the pay grade staff sergeant/E-5 to sergeant/E-5.  Therefore, the rank of SGT shown in item 3 of his DD Form 214 is correct.

2.  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__  __WTM__  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045673	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.