MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       . 

	BOARD DATE:             3 July 2003                  
	DOCKET NUMBER:    AR2003085230

	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. Raymond V. O’Connor 		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Patrick H. McGann		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 the rank listed in his separation document (DD Form 214) should be corrected to read specialist five/E-5 
(SP5/E-5.) vice specialist four/E-4 (SP4/E-4), as is currently listed.  

APPLICANT STATES:  In effect, that his DD Form 214 shows that he held the rank of SP4/E-4 at the time of his separation.  However, he actually held the rank of SP5/E-5 on that date.  In support of his application, he submits a copy of his DD Form 214.

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

On 12 October 1970, he was honorably released from active duty (REFRAD), by reason of overseas returnee.  At the time of his separation, he had completed 
1 year, 8 months, and 13 days of active military service, and he was transferred to the United States Army Reserve (USAR) to complete his military service obligation. 

Item 33 (Appointments and Reductions) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank and pay grade he was promoted to while serving on active duty was SP4/E-4.  There is no entry indicating that he was ever promoted to SP5/E-5 during his tenure on active duty. 

In addition, there are no orders or other documents on file in the applicant’s Military Personnel Records Jacket (MPRJ) that give any indication that he was ever recommended or selected for, or promoted to SGT/E-5 by a proper promotion authority during his active duty tenure.  

The applicant’s MPRJ does contain a copy of Special Order Number 285, dated 12 October 1970, issued by Headquarters, US Army Personnel Center, 
Fort Lewis, Washington, that directed his REFRAD and transfer to the USAR.  This document lists his rank as sergeant/E-5 (SGT/E-5).  However, there are no other orders or documents on file that lists this as the applicant’s rank.  

The DD Form 214 issued to and signed by the applicant on the date of his separation confirms that he held the rank and pay grade of SP4/E-4 on the date of his REFRAD.  The applicant authenticated this separation document with his signature in Item 32 (Signature of Person Being Transferred or Discharged), thereby verifying that the information contained in the separation document, to include his rank and pay grade, was correct at the time the DD Form 214 was prepared and issued on 12 June 1970. 

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 DD Form 214.  It states, in effect, at the time, that the active duty grade or rank and pay grade at the time of separation will be entered in item 5 (a and b).

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 SP5/E-5.  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.  The evidence of record contains a properly constituted DD Form 214 that lists the applicant’s rank at separation as SP4.  The applicant authenticated this document with his signature on the date of his separation, thereby verifying that the information contained therein was correct at that time.  

3.  In view of the facts in this case, the Board must presume government regularity in the preparation of the applicant’s separation document, which includes the rank of SP4 listed therein.  The Board carefully considered the applicant’s contention that his rank was SP5, and the fact that his REFRAD orders listed his rank as SGT.  However, it determined that these factors were not sufficiently compelling to override this presumption of regularity.  Thus, the Board concludes that there is insufficient evidence to support granting the requested relief in this case.

4.  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.

5.  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

__KN___  __RO__  __PM__        DENY APPLICATION

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

INDEX

CASE ID	AR2003085230	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 310	131.0900	
2.		
3.		
4.		
5.		
6.