MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            4 May 2000
	DOCKET NUMBER:   AR1999031124

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Steuve		Member	
	Ms. Carol Jo Suiter		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: That his rank be corrected from private first class (PFC) to sergeant first class (SFC).

APPLICANT STATES:  That while serving in Korea he was promoted to SFC by verbal orders of his commander.

In support of his request, he provided a copy of DD Form 217A, Certificate of Service, 358th Training Group Special Orders Number 50 and 79, and his         DD Form 214.  The applicant writes that the highest jobs in the Army were those that involved working on guided missiles and that his job, aircraft mechanic, was the second highest.  He was not “plain infantry”.  He describes a number of times he was placed in danger to repair downed aircraft.  He recounts the following event:  “Our Commanding Officer was up front with the troops.  I don’t even recall his name.  We only saw him once, I think, after 4 months in Korea.  One day he sent 2 ½ ton trucks down to pick up all the enlisted personnel from the air strip and brought us up to the command tent.  He said and I quote, “I’m going to call out your names and tell you the rank you are supposed to have, but you can’t wear the stripes and won’t get the pay, because all the rank is froze.  [applicant] – Sergeant First Class.”

EVIDENCE OF RECORD:  The applicant's official military records were not available.  The applicant provided the documents for review.

He was inducted into the Army on 6 September 1951 and served 2 years,         10 days before being discharged.  He was assigned to Korea for a period of       1  year, 1 month and 7 days.  He completed training as an aircraft and engine mechanic and rotary wing mechanic.  The applicant’s duties were listed as crew chief of one or more H-13D&E helicopters and crew chief of one L-19 aircraft.  He achieved the rank of PFC(T) and was separated on 15 September 1953.

His DD Form 214 reflects the following awards:  Korean Service Ribbon with       2 bronze service stars, United Nations Service Medal and the Combat Infantryman Badge.

Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

The same regulation, provides, in pertinent part, that the National Defense Service Medal is awarded for honorable service for any period between 27 June 1950 and 27 July 1954.

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.  It appears that when the applicant refers to jobs being the first or second highest in the Army, he is referring to the job’s importance to the Army.  Army jobs are not listed in order of importance.  The Board determines that the applicant’s belief that his job was more important than others has no regulatory basis.

2.  The applicant believes his commander verbally promoted him from private to sergeant first class.  A promotion is not official until orders are published.  In the absence of such orders there is no evidence the applicant was promoted.

3.  As an administrative matter, it is determined the applicant should have been awarded the Army Good Conduct Medal, and the National Defense Service Medal.

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.

NOTE:  The Army Review Board Agency Support Division, St. Louis will be directed to correct the DD Form 214 of the applicant to reflect that he was also awarded the Good Conduct Medal, and the National Defense Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_  _lls___   _ __jps__   ____cjs _  DENY APPLICATION

Carl W. S. Chun
			      Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031124	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
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.  129.05		
2.		
3.		
4.		
5.		
6.