MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 June 2002                  
	DOCKET NUMBER:   AR2002068991

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman, Jr.		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 to his discharge certificate dated 20 November 1948 to show his rank as Technician Fifth Grade (Tec 5) instead of Private First Class (PFC).

APPLICANT STATES:  That his discharge certificate shows his rank as PFC and discharge date as 20 November 1948.  His discharge certificate should show his rank as Tec 5 the same as his separation document (WD AGO Form 53-55).  He submits copies of his WD AGO Form 53-55 and discharge certificates dated 20 November 1945 and 20 November 1948 in support of his request.

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

He was inducted into the Army of the United States on 3 March 1943 and entered on active service on 11 March 1943.  

He was honorably separated in the rank of Tec 5, grade 5 on 20 November 1945. He was issued a WD AGO Form 53-55 and discharge certificate for this period of service.  

His records show he enlisted in the Reserve in the rank of Tec 5 on 21 November 1945.

On 1 August 1948, the rank of Tec 5, grade 5, was converted to PFC, grade 5.

He was honorably discharged in the rank of PFC, grade 5, on 20 November 1948. He was issued a discharge certificate for this period of service.

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 view of the circumstances in this case, the applicant is not entitled to correction to his rank on his honorable discharge certificate dated 20 November 1948.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions; however, the applicant’s records show he was separated in the rank of Tec 5, grade 5 on 20 November 1945 and issued a WD AGO 53-55 and discharge certificate for this period of service.  The applicant enlisted in the Reserve on 21 November 1945 and served until his discharge in the rank of PFC, grade 5 on 20 November 1948 and was issued a discharge certificate for this period of service.

3.  The Board also notes that the applicant’s rank of Tec 5 was converted to PFC prior to his separation on 20 November 1948.  Therefore, the applicant’s 20 November 1945 discharge certificate appropriately shows his rank as Tec 5 on the date he was honorably discharged from the Army of the United States.  His 20 November 1948 discharge certificate appropriately shows his rank as PFC on the date he was honorably released from the Reserve.

4.  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.

5.  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

_dph____  __cla___  __bje___     DENY APPLICATION

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

INDEX

CASE ID	AR2002068991	
SUFFIX		
RECON		
DATE BOARDED	20020613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	100.02	
3.		
4.		
5.		
6.