MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            24 June 2003                  
	DOCKET NUMBER:    AR2003086210

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Ronald E. Blakely		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 the rank listed in his separation document (DD Form 214) be changed from “SP3 T” to SP4.  

EVIDENCE OF RECORD:  The applicant’s military records were not available 
to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  However, there are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

The evidence includes a properly constituted separation document (DD Form 214) that was issued to the applicant on the date of his separation.  This document shows that he served on active duty for 2 years, between 24 August 1954 and 23 August 1956.  Item 3a (Grade, Rate or Rank) contains the entry SP3 (T).  The applicant authenticated this document with his signature in 
Item 34 (Signature of Person Being Separated), thereby confirming that the information contained therein, to include his rank, was correct at the time the 
DD Form 214 was prepared and issued.  

There is also a Transfer or Release to Reserve Component of the Army 
(DA Form 1270), dated 23 August 1956, on file.  This document also lists the applicant’s rank as SP3 in Item 2 (Grade).  The applicant signed this document in Item 13b (Signature).

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 considered the applicant’s request that his record be corrected to show his rank as SP4.  However, it finds an insufficient evidentiary basis on which to support the requested relief. 

2.  The evidence confirms that the applicant held the rank of SP3 on the date of his release from active duty, and that he authenticated his DD Form 214 with his signature on the date of his separation.  This indicates that he verified that the information contained in the separation document, to include his rank, was correct at the time is was prepared and issued.  

3.  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

4.  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

__MKP__  __REB__  __FCJ __  DENY APPLICATION

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

INDEX

CASE ID	AR2003086210	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1956/08/23	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  803	144.9213	
2.		
3.		
4.		
5.		
6.