MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           14 March 2002                             
	DOCKET NUMBER:   AR2001063801

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Walter T. Morrison		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was discharged with the rank of staff sergeant, pay grade E-5.

APPLICANT STATES:  That he was assigned to Battery A, 29th Field Artillery Battalion, 4th Infantry Division, Friedburg, Germany, and that he worked in the communications section as a lineman.  He was promoted to corporal (CPL) and he became the communications section chief.  He performed the duties of an acting staff sergeant for about a year.  Promotions were frozen, however, both his captain and his first sergeant told him that he had been promoted staff sergeant 2 days before he left Germany to return home.  He received his discharge in the mail years later and it showed that he was separated with the rank of CPL.  He is getting older and he would like his records corrected because he believes the rank of staff sergeant would look better on his grave marker than the rank of CPL.  He also states that his records are free of blemish.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a copy of his DD Form 214 and a copy of a DA Form 1577 (Authorization for Issuance of Awards).  

The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 26 October 1950 and he served in military occupational specialty (MOS) 4641 (Lineman).  He was promoted to CPL(T, for temporary) on 7 March 1952.  His most significant duty assignment was Battery A, 29th Field Artillery Battalion, 4th Infantry Division, Germany.  The exact dates of his foreign service are unknown; however, he served overseas for 1 year, 4 months and 10 days. 

The applicant was honorably discharged on 15 October 1952 in the rank of 
CPL (T).  He had completed 1 year, 11 months and 20 days of active military service.  His DD Form 214 also shows that he was awarded the Occupation Medal (Germany).

A DA Form 1577, dated 4 August 1988, shows that he was also awarded the Good Conduct Medal; the Army Occupation Medal with Germany Clasp; the National Defense Service Medal and the Expert Badge with Rifle and Carbine Bars. 

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.  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.

2.  There is no evidence that the applicant was ever promoted to the rank of staff sergeant.  He may have served as a section sergeant and performed the duties of a sergeant and his record may be blemish free; however, these factors do not provide a basis for promotion to the next higher grade.

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

_JHL____  __RWA _  __WTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2001063801	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19521015	
DISCHARGE AUTHORITY	SR 615-363-5 	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.