MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002070198

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 separation document (DD Form 214), dated 19 July 1954, be corrected to show the rank of sergeant (SGT).

APPLICANT STATES:  In effect, that his DD Form 214 incorrectly shows his rank as corporal (CPL).  In support of his application, he submits a copy of his 
DD Form 214, dated 19 July 1954.

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

On 19 July 1954, he was honorably released from active duty (REFRAD) for the purpose of immediate reenlistment.  On the date of his separation from this period of service, he was issued a DD Form 214 that he authenticated with his signature.  This document confirms that he held the rank of CPL on the date of his separation, and that he had completed 1 year, 10 months, and 16 days of active military service on this particular enlistment.  It also shows that during this period of service he earned the following awards:  United Nations Medal; National Defense Service Medal; Korean Service Medal with 1 bronze service star; and Combat Infantryman Badge.

On 20 July 1954, the applicant immediately reenlisted for a period of 3 years, and continuously served on active duty until he was honorably separated on 
1 July 1957.  At the time of his separation from this period of service, he was issued a second DD Form 214, which he authenticated with his signature.  This document confirms that he held the rank of SGT on the date of his separation from this period of service and that he had been promoted to that rank on 
28 June 1955.  

Army Regulation 635-5 prescribes the separation documents that 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 these separation documents.  It states, in effect, that the active duty rank 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 Boards notes the applicant’s contention that his DD Form 214, dated
19 July 1954, incorrectly shows his rank as CPL and that it should be corrected to read the rank of SGT.  However, it finds insufficient evidence to support this claim.

2.  The evidence of record confirms that the applicant was promoted to SGT in June 1955, subsequent to the enlistment period documented in his DD Form 214, dated 19 July 1954.  Although he held the rank of SGT during his active tenure, by regulation, the active duty rank held at the time will be entered in the separation document.  Further, the Board notes that the DD Form 214 issued to the applicant at the completion of his service on 1 July 1957, does in fact confirm that he was promoted to the rank of SGT in June 1955 and that he held that rank on the date of his separation from this period of active duty. 

3.  The Board wishes to congratulate the applicant on his outstanding Korean War service, but finds no error or injustice related to the CPL rank entry listed on his DD Form 214, dated 19 July 1954.  Therefore, it is regrettably compelled to deny the requested relief. 

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

__RVO__  __RTD__  __KWL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070198	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/25	
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.