MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 August 2002
	DOCKET NUMBER:   AR2002072285

	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. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		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:  In effect, that his military records be corrected to show the rank of Technician 4th Grade (T4).

APPLICANT STATES: In effect, that item 3 (Grade) of his separation document (WD AGO Form 53) is incorrect, and should be corrected to show the rank of T4. In support of his application, he submits a copy of his Honorable Discharge Certificate and WD AGO Form 53.

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 WD AGO 53 and the other military documents submitted with his application.  

The applicant’s WD AGO Form 53 shows that on 9 October 1945, he enlisted in the Regular Army.  He was trained and served in military occupational specialty (MOS) 080 (Marine Engineer), and he served overseas for 2 years and 10 months.  In addition, Item 33 (Decorations and Citations) shows that he earned the World War II Victory Medal and the American Theatre Campaign Medal during his active duty tenure. 

On 27 September 1948, the applicant was discharged from the Army after completing a total of 2 years, 11 months, and 19 days of active military service. Item 3 (Grade) and Item 38 (Highest Grade Held) of his WD AGO 53 both contain the entry “Four”.  In addition, the honorable discharge certificate and other documents he provided with his application show his rank and grade as “Corporal, Grade Four.”  

On 1 August 1948, the enlisted grade structure of the Army was revised.  This resulted in the grade T4 being converted to CPL.  Army Technical Manual 
12-235, in effect at the time of the applicant’s discharge, prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component.  Section VI, paragraph 24, stated that the grade held at the time of separation would be entered on the separation certificate and associated documents.

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 T4.  However, it finds insufficient evidence to support this claim.

2.  The evidence of record confirms that applicant was discharged subsequent to the Army’s 1 August 1948 restructuring of enlisted grades.  Therefore, he was separated after the grade T4 was converted to CPL, and in accordance with regulatory guidance in effect at the time, his rank was properly listed as CPL in his separation documents.

3.  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

___LLS__  __PM___  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR202072285	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/06	
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.	144.9213	
2.		
3.		
4.		
5.		
6.