MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 October 2001
	DOCKET NUMBER:   AR2001058533

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 records be corrected to show that he was discharged in the rank of T/5 and that he was assigned to the 207th Military Police (MP) Division of the 24th Corps.

APPLICANT STATES:  In effect, that he was promoted to the rank of T/5 and was assigned to the 207th MP Division of the 24th Corps.  However, at the time of his discharge, his records were prepared to reflect that he held the rank of private first class (PFC) and he was assigned to the 207th MP SV Company.

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center at St. Louis, Missouri which destroyed millions of service records.  However, the surviving records show:

He enlisted in Pittsburgh, Pennsylvania on 25 June 1947 for a period of 18 months.  He completed his training at Fort Jackson, South Carolina and was transferred to Fort Lawton, Washington on 5 November 1947.  He remained at Fort Lawton until 20 November 1947 when he departed for Korea, with a stop-over in Japan on 2 December 1947.  He arrived in Korea on 15 December 1947 and was assigned to the 207th MP SV Company, Army Post Office (APO) 235.

His record of promotions show that he was promoted to the rank of Private and pay grade of “7” on 10 February 1948.  He was promoted to the rank of PFC and pay grade of “6” on 1 April 1948.  He was promoted to the rank of Tec5 (T/5) and pay grade of “5” on 26 July 1948.  However, on 1 August 1948 the Army restructured the enlisted rank and pay grade structure.  Under this change, personnel serving in the pay grade of “7” received the rank of recruit (RCT).  Personnel serving in pay grade “6” became privates (PVT), and personnel who were serving in the pay grade of “5” became a PFC.  The technical ranks were eliminated completely from the enlisted structure.  The applicant’s records were corrected accordingly and his correct rank at the time reflected PFC and the authority for the change was annotated accordingly. 

He continued to serve in the 207th MP Company until he departed Korea on 11 September 1948 and was returned to Camp Stoneman, California where he was honorably discharged in the rank of PFC on 4 October 1948.  His report of separation (WD AGO Form 53) shows that his organization was the 207th MP SV Company APO 235.

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.  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.

2.  While the applicant was promoted to the rank of T/5 in July 1948, an Army-Wide change in the enlisted rank structure converted that rank to the rank of PFC, effective 1 August 1948.  Accordingly, he and everyone else in the Army who were serving in the rank of T/5 became a PFC.  At the time of his separation he was properly separated in the rank he held on that date.

3.  A review of his separation documents also reveals that his correct unit of assignment was listed at the time of his separation.  While he may desire a change to add additional information, the addition of a corps or division level headquarters was not required.  Accordingly, the Board finds no basis to change a document that was correctly prepared.

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

__cla____  ___hbo__  ___ao ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058533	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/DD 214	
2.		
3.		
4.		
5.		
6.