MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           22 JULY 2003                   
	DOCKET NUMBER:   AR2003086757

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Mr. Thomas Lanyi		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 records be corrected to show his rank as corporal, vice private first class, at the time of his discharge on                7 March 1953.

APPLICANT STATES:  That his rank at the time of his discharge subsequent to the end of World War II was corporal, and at the time of his reenlistment it was still corporal.  

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

A WD AGO Form 165-1 (Enlistment Record, Enlisted Reserve Corps) shows that the applicant enlisted in the Army for three years in the rank of corporal on        12 May 1946.

The applicant's Service Record (WD AGO Form 24A) shows his rank as corporal, effective 28 January 1946, and private first class, 1 August 1948.

A report of entry on active duty shows that the applicant, then a corporal, was ordered to active duty for summer camp training from 12 June 1948 to               27 June 1948.  

A WD AGO Form 165-1 (Enlistment Record, Enlisted Reserve Corps) shows that the applicant enlisted in the Army for three years in the rank of private first class on 28 April 1949.

The applicant was ordered to active duty on 2 May 1950 for a pre-induction physical examination.  His rank on the active duty report is shown as private first class.

On 13 September 1950 the applicant, then a member of the Enlisted Reserve Corps (ERC), was ordered into active military service in his ERC grade of private first class.

A record of emergency data completed by the applicant on 30 September 1950 shows his rank as private first class.

A 25 June 1951 assignment order shows the applicant's rank as private first 
class. 

A 20 July 1951 order shows that the applicant was relieved from active duty effective on 26 July 1951 and returned to reserve duty status and assigned to the Organized Reserve Corps Control Group.  His rank on that order is shown as private first class.

An Enlisted Reserve Corps Qualification and Availability Questionnaire completed by the applicant on 9 May 1952 shows his rank as private first class.  Annual statements of retirement points (DA Forms 1383) on 25 May 1952 and     4 May 1953 show his rank as private first class.

The applicant's DA Form 20 (Soldier's Qualification Card) shows that he held the rank of corporal in 1946, but that he was discharged on 7 March 1953 in the rank of private first class.

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 applicant's records show that prior to 1950 he held the rank of corporal; however, all the documents contained in his records, beginning with the enlistment document showing that he enlisted in the ERC in 1949, and thereafter, to include his DA Form 20 showing his discharge on 7 March 1953, show his rank as private first class.  The preponderance of evidence shows that the applicant's rank at the time of his discharge in 1953 was private first class.
There is insufficient evidence to determine otherwise.

2.  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 that requirement.

3.  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 __  __TDH __  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086757	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030722	
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.	129.00	
2.		
3.		
4.		
5.		
6.