PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 May 2002
	DOCKET NUMBER:   AR2002068497

	I certify that hereinafter is recorded the true and complete record of the proceedings 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. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show that he was honorably discharged in the rank of private first class (PFC).

3.  The applicant states that he was discharged in the rank of private/E-2 but had been promoted to the rank of PFC on 26 July 1954.  In support of his application he submits a copy of his promotion orders and a copy of his report of separation (DD Form 214). 

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center, which destroyed millions of service records.  However, the documents submitted by the applicant show that he was inducted at Fort Buchanan, Puerto Rico, on 16 February 1953.  He completed his training as a light weapons infantryman and was transferred to Korea.  He was advanced to the pay grade of E-2 (P) on 19 April 1953 and to the pay grade of E-3 (T) on 26 July 1954, while assigned to the 35th Infantry Regiment.  He served 1 year, 4 months and 9 days in Korea before he was returned to Puerto Rico and was released from active duty (REFRAD) in the pay grade of E-2 (P) on 20 January 1955.  He was honorably discharged from the United States Army Reserve (USAR) in the rank of PVT E-2 (P) on 31 January 1961 and issued a Discharge Certificate to that effect. 

5.  His DD Form 214 shows his rank as PVT-2 (P) with an appointment date of 19 April 1953.  His promotion orders show a promotion to the rank of PFC (T) with an effective date of 26 July 1954.

CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was in fact advanced to the temporary rank of PFC (T) on 19 April 1953 and that he was incorrectly REFRAD in the rank of PV2.  Accordingly, it would be in the interest of justice to correct that administrative error at this time.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was REFRAD on 20 January 1955, in the temporary rank and pay grade of PFC E-3 (T), with an effective date of appointment of 26 July 1954 and that he be issued a corrected Discharge Certificate to reflect the change as well.

BOARD VOTE:  

___be___  ___jlp___  __tl _____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068497	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  307	129.0500	
2.  		
3.		
4.		
5.		
6.