MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 March 2001      
	DOCKET NUMBER:   AR2000045967

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as First Officer or Master. 

APPLICANT STATES:  That he wants to be buried in the Florida National Cemetery and that he has been advised that his rank can now be placed on his headstone.  However, his rank was never recorded on his DD Form 214.  In support of his application, he submits a letter of explanation dated 14 August 2000; a copy of his DD Form 214; a letter of explanation dated 15 July 1998; a copy of his Honorable Discharge Certificate dated 1 June 1945; WD AGO Form 65-T (Identification Card); a Letter of Commendation dated 26 July 1944; orders, dated 28 August 1944, wherein the applicant was detached as First Mate and proceeded to act as Captain; a copy of ST 761-Operations dated 10 August 1944; a letter of recommendation, dated 7 March 1945, wherein the applicant was recommended for the position of Master; a letter of recommendation, dated 1 December 1946, wherein the applicant was commended for his service as First Officer and was recommended for any position for which he may apply; and a letter, dated 30 December 1946, which shows that the applicant received First Class Passage during the voyage from Manila, P.I., to San Francisco, California, from 11 December 1946 to 30 December 1946.

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

The applicant served as a War Department civilian employee in the Army Transportation Corps from 2 March 1944 to 1 June 1945.  

The applicant was issued a DD Form 214 under the provisions of Public Law
95-202 (38 U.S. Code 106 Note) which administratively established active duty for the purpose of obtaining Veterans Administration (VA) benefits.

Item 4a (Grade, Rate or Rank) on the applicant’s DD Form 214 shows the entry “NA” [not applicable].

Public Law 95-202, Title IV, Section 401 (The G. I. Bill Improvement Act of 1977) and Title 38 U.S. Code 106 Note (Certain Service Deemed to be Active Service) provides in pertinent part, that the service of any person as a member of the Women’s Air Forces Service Pilots (a group of Federal civilian employees attached to the United States Army Air Force during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United Stated in a capacity considered civilian employment, or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the VA if the Secretary of Defense determined that the service of such group constituted active military service.

Department of Defense (DOD) Directive Number 1000.20 (Active Duty Service Determinations for Civilian or Contractual Groups) implements Public Law 
95-202 (The G. I. Bill Improvement Act of 1977) (38 U.S. Code 106 Note) and directs the Secretary of the Air Force to determine if an established group of civilian employees or contract workers provided service to the U.S. Armed Forces in a manner considered active military service for VA benefits.  The directive also established the DoD Civilian/Military Service Review Board and the Advisory Panel; and establishes policy, assigns responsibilities, prescribes application procedures for groups and individuals, and clarifies the factors used to determine active duty service.  

Department of Defense Directive Number 1000.20 also provides, in pertinent part, that a DD Form 214 will be issued to establish active duty for the purpose of VA benefits authorized under Public Law 95-202 and that the Secretary of the Army shall determine the equivalent military pay grade, when required by the VA. The DOD Directive also states that, for VA benefits, a pay grade is needed only in cases when an individual was killed or received service-connected injuries or disease during the recognized period of active duty service and that a DD Form 214 shall not include pay grade, unless the VA requests that a grade determination be given.   

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 was issued a DD Form 214 for his recognized period of active duty service as a War Department civilian employee in the Army Transportation Corps from 2 March 1944 to 1 June 1945.  Item 4a (Grade, Rate or Rank) shows the entry “NA” [not applicable].  

2.  The Board considered the applicant’s contention that he needs his rank shown on his DD Form 214 to obtain VA burial benefits pertaining to his headstone.  The Board noted that eligibility for VA burial benefits are a matter within the purview of the Department of Veterans Affairs and as such the applicant must submit requests for those benefits to that agency.  

3.  This Board also noted the governing DOD Directive states that a DD Form 214 issued to establish active duty for the purpose of VA benefits authorized under Public Law 95-202 will only contain a pay grade when an individual was killed or received service-connected injuries or disease during the recognized period of active duty service or when the VA requests that a grade determination be rendered.  There is no evidence, and the applicant has provided no evidence, which shows that the VA requested such a grade determination.  

4.  Based on the foregoing, the entry “NA” in item 4a (Grade, Rate or Rank) of the applicant’s DD Form 214 is correct as currently constituted and it will not be amended. 

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 this 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

RWA____  BJL____  WDP____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045967	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19450601	
DISCHARGE AUTHORITY	Public Law 95-202 (38 USC 106 Note)	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.		
3.		
4.		
5.		
6.