MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002070513

	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 military records be corrected to show the rank of sergeant (SGT).

APPLICANT STATES: In effect, that at the time of his discharge from the Army he held the rank of SGT and not corporal (CPL).  In support of his application, he submits a copy of his separation document (DD Form 214) and Special Order Number 147, dated 24 June 1952, issued by Headquarters, Yokohama Engineer Depot, 8056th Army Unit.

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

The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s DD Form 214.

The applicant’s DD Form 214 shows that he entered the Army on 
11 August 1949, and that he continuously served on active duty until being honorably separated on 17 September 1952.  This document also shows that he was trained and served in military occupational specialty 4345 (Light Truck Driver) and that he completed 1 year, 11 months, and 12 days of overseas service.  It also shows that during his active duty tenure, he earned the Korean Service Medal with 4 bronze service stars, United Nations Service Medal, and Meritorious Unit Citation.  Item 3 (Grade) of his DD Form 214 contains the entry CPL, which indicates he held that grade on the date of separation.  

Special Order Number 147, dated 24 June 1952, issued by Headquarters, Yokohama Engineer Depot, 8056th Army Unit, shows the applicant’s rank as SGT, which confirms only that he held that rank at the time of his reassignment between units.  It does not provide verification that he still held the rank of SGT on the date of his separation.

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.

Army Regulation 15-185, is the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records and states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and that the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.

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 applicant’s contention that his rank at the time of his separation was SGT.  However, it finds insufficient evidence to support this claim.

2.  By regulation, the active duty rank held at the time of separation will be entered on the separation document.  Notwithstanding the document provided by the applicant, which shows his rank as SGT, the Board presumes that the rank of CPL listed on the applicant’s DD Form 214 was the rank he held on the date of his separation.  Therefore, lacking evidence to the contrary, the Board finds there is insufficient evidence to support the requested relief in this case.

3.  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.

4.  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	AR2002070513	
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.