MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            21 August 2003
	DOCKET NUMBER:   AR2003085082

	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	
	Ms. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone . 		Chairperson	
	Mr. Roger W. Able . 		Member	
	Mr. Regan K. Smith . 		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 her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rank as Major 0-4

APPLICANT STATES:  In effect, that her late husband's rank is listed in the 
Tricare system as a 2nd Lieutenant, which is incorrect.  Her husband retired in the rank of Major/pay grade 0-4 on 5 May 1962.  She was informed of this error when she presented her Identification Card for Tricare in 2002.  Her husband was very proud to have served his country and was very military oriented.  His rise in military rank meant a lot to him and to her.  She believes his demotion was due to a clerical error.  It is her wish to have his records corrected to show him in the system in the rank of Major.  In support of her application the applicant submits a copy of the former service member's (FSM) death certificate and a copy of the FSM's permanent disability retirement orders.

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

The FSM initially entered the Army of the United States (AUS) on 16 September 940.  On 10 October 1944, the FSM was honorably discharged for the purpose of accepting a commission as a second lieutenant effective 11 October 1944. 

The FSM was promoted to First Lieutenant in the AUS on 12 December 1945.
On 20 March 1946, the FSM was released from active duty and transferred to the United States Army Reserve (USAR).  On 18 December 1946, the FSM was recalled to active duty.

The FSM's records show that he was promoted to Captain in the AUS with a date of appointment and a date of rank of 18 December 1951.  Records also show that he twice failed selection for promotion to Major (AUS).

The FSM's records show that he was promoted to Captain in the USAR with an appointment date of 3 July 1953 and a date of eligibility of 11 October 1952.  

The FSM's records show that he was promoted to Major in the USAR with an appointment date of 10 October 1959 and a date of eligibility of 10 October 1959.

Headquarters Department of the Army Special Orders Number 98, dated 27 April 1962, separated the FSM by reason of physical disability.  These orders further directed that the FSM be retired from active service with grade and retired pay of Major as provided by Title 10 United States Code, Sections 1201 and 1372 and that he be placed on the retired list 5 May 1962.  

Item 3a (Grade, Rate or Rank) of the FSM's DD Form 214 shows the entry, "Capt
[Captain] (0-3E)."  Item 32 (Remarks) shows "Place on AUS Retired List in Grade of Major."

Item 2 (Grade) on the FSM's DA Form 66 (Officer Qualification Record) shows the entry "Capt."

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time, provided that the grade in which the officer was serving at the time of separation as shown in item 2, DA Form 66, will be entered in item 3a of the DD Form 214.  Pay grade will also be shown.  Since this entry may be an officer's temporary (AUS) or permanent (Regular Army or Reserve) grade and does not show the date of appointment, additional entries will be made in item 32 (Remarks) to clarify the grade status.

Army Regulation 611-103 (Personnel Selection and Classification, Officer Qualification and Classification) provided for the initiation, maintenance, transmission, and disposition of DA Form 66 (Officer Qualification Record) with insert sheets, DA Form 66B and DA Form 66C; procedures and techniques for the classification of officer and warrant officer personnel; and initiation, distribution, and disposition of DA Form 66A (Report of Change for DA Form 66). This regulation states, in pertinent part, that the grade in which the officer is currently serving on active duty will be entered in pencil and in abbreviated form in item 2 (Grade) on the DA Form 66.   

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.  Evidence of record shows the FSM was promoted to temporary Captain on 
18 December 1951 while serving on active duty in the AUS.  Evidence of record shows that the FSM was twice not selected for temporary promotion to Major in the AUS.  There is no evidence of record which shows the FSM was promoted to Major while serving on active duty in the AUS prior to his retirement on 4 May
1962.

2.  Item 2 on the FSM's DA Form 66 shows the entry, "Capt (0-3E)."

3.  The governing regulation states that the grade in which the officer was serving at the time of separation as shown in item 2, DA Form 66, will be entered in item 3a of the DD Form 214.  Pay grade will also be shown.  

4.  Item 3a on the FSM's DD Form 214 shows the entry, "Capt (0-3E)."

5.  Contrary to the applicant's contention, item 3a on the FSM's DD Form 214 is correct as currently constituted.

6.  Evidence of record shows the FSM was promoted to permanent Major in the USAR on 10 October 1959.  The governing regulation states that since item 3a on the DD Form 214 may be an officer's temporary (AUS) or permanent (Regular Army or Reserve) grade and does not show the date of appointment, additional entries will be made in item 32 (Remarks) to clarify the grade status.  Item 32 on the FSM's DD Form 214 shows, in pertinent part, the entries "Place on AUS Retired List in Grade of Major."  Therefore, item 32 is correct as currently constituted.  

7.  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.

8.  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

_JNS____  __REA__  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2003085082	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/21	
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.	102.0200	
2.		
3.		
4.		
5.		
6.