MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           29 May 2003                       
	DOCKET NUMBER:   AR2003085217

	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	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones, II		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 separation document (DD Form 214) be corrected to show his rank as sergeant first class/E-6 (SFC/E-6).

APPLICANT STATES:  In effect, his unit morning report for 3 March 1951 shows that he was promoted to SFC/E-6, effective 10 February 1951.  He further states that he was wounded in action on 12 February 1951 and sent to Japan, and he was never told of this promotion.  He comments he was only given copies of the morning report by the family of a soldier in his unit.  In support of his application, he submits a copy of the unit morning report for Company B, 38th Infantry Regiment, 2nd Infantry Division, dated 3 March 1951. 

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 and a copy of the unit morning report for Company B, 38th Infantry Regiment, 2nd Infantry Division, dated 3 March 1951.  

On 15 November 1951, the applicant was honorably released from active duty (REFRAD) after completing 3 years of active military service.  The DD Form 214 issued to him on that date confirms, in Item 3 (Grade, Rate, Rank, that he held the rank of sergeant (SGT) on that date.  The applicant authenticated this document with his signature in Item 48 (Signature of Person being Transferred or Discharged), thereby verifying that the information contained therein was correct at the time the document was prepared and issued.  

The applicant provides a copy of the unit morning report for Company B,
38th Infantry Regiment, 2nd Infantry Division, dated 3 March 1952.  This document contains an entry indicating that the applicant was temporarily promoted to SFC/E-6, effective 10 February 1951.  

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.

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.

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 SFC/E-6.  However, it finds insufficient evidence to support this claim.  

2.  By regulation, the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.  While the specific facts and circumstances surrounding the applicant’s promotion are not on file, the record does contain a properly constituted separation document that confirms the applicant held the rank of SGT on the date of his separation.  The applicant authenticated this document with his signature, thereby verifying the information contained therein, to include his rank, was correct at the time it was prepared and issued.  

3.  Notwithstanding the morning report entry indicating the applicant was promoted on 3 March 1951, given his military record with the specific facts and circumstances on his record of promotions and reductions was not available, the Board must presume government regularity in the preparation of the applicant’s DD Form 214, to include the rank listed therein.  

4.  The Board carefully considered the evidence provided by the applicant, but given it had no records to verify any subsequent promotions or reductions, it was forced to find that this evidence was not sufficiently compelling to override the regulatory presumption of regularity in this case, and to deny the requested relief. This action is taken solely based on the lack of evidence of record, in the interest of 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.  The applicant is advised that the Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas  78150-4714.  A sample request from is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

7.  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

__FCJ___  __LS__  __LE___  DENY APPLICATION

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

INDEX

CASE ID	AR2003085217	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 310	131.0000	
2.		
3.		
4.		
5.		
6.