MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:        13 May 2003                            
	DOCKET NUMBER:   AR2002068774

	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:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Lawrence Foster 		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, that his rank, pay grade, and social security account number (SSAN) listed on his separation document (DD Form 214) be corrected.

APPLICANT STATES:  In effect, that the rank, pay grade, and SSAN listed on his DD Form 214 is incorrect.  He states that he became aware of his promotion to the rank and pay grade of private first class/E-3 (PFC/E-3) when he was honorably discharged from the United States Army Reserve (USAR), and he was never notified of any promotion or demotion during his enlistment.  He now seeks relief and compensation from the point he completed advance individual training (AIT).  He also claims that the SSAN recorded in his separation documents is incorrect and should be corrected.  In support of his application, he submits a copy of his SSAN card, his Texas driver’s license, and his DD Form 214.

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

The applicant enlisted in the USAR on 17 December 1982, for a period of 
6 years.  He was ordered to initial active duty for training (IADT), and he completed basic combat training and AIT at Fort Lee, Virginia.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 76C (Equipment Records and Parts Specialist).  On 27 June 1983, he was honorably released from active duty (REFRAD) and transferred to his USAR unit, the 304th Army Security Agency Battalion, Pasadena, Texas, to complete his enlistment.  

The DD Form 214 issued to and signed by the applicant on the date of his REFRAD 27 June 1983, confirms that at the time of his separation he held the rank and pay grade of private/E-1 (PV1/E-1).  The SSAN listed in Item 3 (Social Security No.) is consistent with the one listed in his enlistment contract, the service record created upon his entry into the USAR, and in the records and documents prepared and published throughout his enlistment. 

The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Orders 0-12-95085, dated 14 December 1988, issued by the Army Reserve Personnel Center (ARPERSCEN), which shows his rank and pay grade as private first class/E-3 (PFC/E-3).  This document indicates he was a PFC/E-3 on 16 December 1988, the date he was discharged from the USAR.  However, there are no other orders or documents on file that would indicate that he was promoted at anytime prior to his discharge.  This includes the period he was on active duty completing his IADT.

The applicant provides a copy his SSAN card and his Texas driver’s license, which list the SSAN he now claims is correct.  However, he provides no other evidence, such as a statement from Social Security Administration officials, that explains the difference between his current SSAN and the one recorded in his military records and under which he performed his military service.  
Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4, states in effect, that the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.

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 notes the contention of the applicant that the rank, pay grade, and SSAN listed on his DD Form 214 are incorrect.  However, it finds insufficient evidence to support this claim.  

2.  By regulation, the active duty grade of rank and pay grade at the time of separation will be entered on the DD Form 214.  Notwithstanding the rank and pay grade listed in his USAR discharge orders, the evidence of record confirms that the applicant held the rank and pay grade of PV1/E-1 at the time he completed his IADT and was REFRAD.  Therefore, lacking evidence to the contrary, the Board finds there is insufficient evidence to support changing the rank and pay grade listed on his DD Form 214 at this time. 

3.  The applicant provides no evidence that suggests that the SSAN recorded in his military records was in error at the time he served.  Further, he offers no explanation from Social Security Administration officials as to when and why his SSAN was changed, or why it is now different from the one recorded in his military records.  

4.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this case, the applicant has provided no evidence to suggest that the SSAN listed in his records was in error while he was performing his military service, or that maintaining this SSAN in his records would cause him any injustice.  Thus, the Board finds an insufficient evidentiary basis to support changing the SSAN currently recorded in his military records.  

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

___TK__  ___LF__  ___MP__  DENY APPLICATION

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

INDEX

CASE ID	AR2003087170	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030513	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 310 	131.0000	
2.		
3.		
4.		
5.		
6.