MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 November 2002
	DOCKET NUMBER:   AR2002073190

	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. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. John T. Meixell		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 his rank as specialist three (SP3).  

APPLICANT STATES:  In effect, that he was promoted to the SP3 a few weeks prior to his discharge, but the paperwork did not catch up to him prior to his separation.  He was told that a corrected discharge document showing the proper rank would be provided later.  He states that he is now 69 years old and would like to have his tombstone show his correct rank of SP3 upon his death.  In support of his application, he submits a copy of his separation document 
(DD Form 214).

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.  

On 21 June 1956, the applicant was honorably released from active duty (REFRAD) after completing 1 year and 11 months of active military service.  On the date of his separation from this period of service, he was issued a DD Form 214 that contained in Item 3 (Grade, Rate, Rank) the rank he held on the date of his separation was private first class (PFC).  

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 SP3.  However, it finds insufficient evidence to support this claim.  

2.  In accordance with the regulation in effect at the time of the applicant’s discharge, the active duty rank a member held on the date of separation would be entered in Item 3 of the DD Form 214.  While the Board does not question the veracity of the applicant’s claim that he was promoted two weeks prior to his separation, the only evidence available to it during this review was the applicant’s separation document.  

3.  The Board notes that the applicant’s properly constituted DD Form 214 lists his rank as PFC.  Lacking evidence to the contrary, the Board must presume government regularity in the preparation of this separation document, and it is therefore compelled to deny the requested relief.  

4.  The applicant is advised that the Board does not question the veracity of his claim that he was promoted to SP3.  However, it is forced to deny the applicant’s request based solely on the lack of supporting evidence, and in the interest of fairness to all those who served and who faced similar circumstances.  

5.  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.

6.  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

__MHM__  __ENA __  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073190	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/05	
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.