MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 June 2002
	DOCKET NUMBER:   AR2002069235

	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. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 military records be corrected to show the rank of specialist four/E-4 (SP4/E-4).

APPLICANT STATES:  In effect, that at the time of his discharge from the Army he held the rank and pay grade of SP4/E-4 and not private/E-2 (PVT/E-2).  In support of his application, he submits a certification from his unit commander and a copy of his separation document (DD Form 214).

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

On 16 June 1961, the applicant enlisted in the Army for a period of 3 years in pay grade E-1.  On 25 June 1964, he was honorably released from active duty (REFRAD), by reason of early release of overseas returnee, after completing 
2 years, 11 months, and 20 days of active duty service in pay grade E-2.

Section 1 (Appointments, Promotions, or Reductions) of the applicant’s Service Record (DA Form 24) shows that he was promoted to private first class/E-3
(PFC/E-3) and to SP4/E-4.  However, these entries were lined out, indicating the promotions were not valid.  The specific facts and circumstance surrounding the deletion of these promotions are not in the file.  In addition, there are no orders or documents on file in the applicant’s Military Personnel Records Jacket (MPRJ) that give any indication that he was ever promoted to PFC/E-3 or to SP4/E-4.  

The DD Form 214, issued to and signed by the applicant on the date of his separation, confirms that at the time of his separation he held the rank and pay grade of PVT/E-2 and that he was serving in military occupational specialty (MOS) 131.10 (Armor).  The applicant authenticated this document with his signature in Item 34 (Signature of Person being Transferred or Discharged), thereby verifying the information contained therein.  

The applicant provided a certification document that he claims was signed by his former unit commander.  This document indicates that the applicant was promoted to SP4/E-4 by Unit Orders Number 3, dated 11 January 1964, issued by Headquarters, 3rd Battalion, 68th Armor.  However, the document is not witnessed or notarized and it contains no official certification.  

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 his rank at the time of his separation is incorrect and should be corrected to read SP4/E-4, 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 separation document.  Notwithstanding the documents the applicant now provides which indicate he held the rank and pay grade of SP4/E-4, the Board finds that the fact the rank and pay grade of 
PVT/E-2 are listed in the applicant’s separation document is the determinate factor in this case.  

3. The evidence of record confirms that during his separation processing the applicant authenticated his DD Form 214, which listed his rank and pay grade as PVT/E-2, thereby verifying the information contained therein.  As a result, the Board is compelled to presume government regularity in the preparation of the applicant’s separation document.  The Board considered the evidence provided by the applicant and it determined it was not sufficiently compelling to override this presumption of regularity.  Therefore, the Board concludes that there is insufficient evidence to support granting the requested relief in this case. 

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

__KAK__  __MHM__  __ALR __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069235	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/18	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.0900	
2.		
3.		
4.		
5.		
6.