MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002070898

	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. Arthur O. Omartian		Member	
	Mr. Raymond J. Wagner		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 staff sergeant (SSG).

APPLICANT STATES:  In effect, that at the time of his discharge from the Army he held the rank of SSG and not sergeant (SGT).  In support of his application, he submits a copy of his Certification of Military Service (NA Form 13038), dated 16 March 1998, published by the National Personnel Records Center (NPRC), National Archives and Records Administration (NARA), St. Louis, Missouri.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) in 1973.  The information herein was gleaned from a copy of NA Form 13038, dated 
16 March 1998, published by the NPRC, NARA.

The NA Form 13038 confirmed that the applicant entered the Regular Army on
6 January 1951, and that he continuously served on active duty until being honorably released from active duty (REFRAD) on 10 December 1952.  This document also verifies that on the date of his REFRAD, the applicant held the rank of SGT.  The authority and reason for his discharge and other information in regard to the facts and circumstances surrounding his discharge or separation processing are not contained in this form or on file.  

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 separation documents.  It states, in effect, that the active duty grade of rank at the time of separation will be entered on the separation document.

Army Regulation 15-185, provides the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records 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 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 contention of the applicant that his rank at the time of his separation is incorrect and should be corrected to read the rank of SSG, however, it finds insufficient evidence to support this claim.  

2.  In accordance with regulatory guidance, the active duty grade of rank at the time of separation will be entered on the separation document.  The only separation document available to the Board was the NA Form 13038, which indicated that the applicant held the rank of SGT on the date of his separation, and that Board presumes government regularity in the preparation of this document.  Therefore, lacking independent evidence to the contrary, the Board is compelled to deny the requested relief. 

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

__KAK__  __AOA__  __RJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070898	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/02	
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.