PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 April 2002
	DOCKET NUMBER:   AR2001065486

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his previous application to correct his military records by showing that he was discharged in the rank of sergeant (SGT) and his most significant assignment was Headquarters Company, 8th Cavalry Regiment, 1st Cavalry Division.

3.  The applicant states, in effect, that his rank of corporal is equivalent to today’s rank of SGT and he desires to have the rank of SGT on his headstone when he passes away.  He further states that he was an infantryman and was assigned to infantry units; however, his report of separation incorrectly reflects that he was assigned to an artillery unit.  In support of his application he submits copies of documents from his records as well as a copy of an enlisted pay scale for the period he served.

4.  The Memorandum of Consideration (MOC) of the Board’s 2 October 2001 review of the case (AR2001061277) is incorporated herein by reference as if wholly set forth.

5.  The applicant’s submission is new evidence and/or argument that requires Board consideration.

6.  The applicant enlisted on 9 June 1948 for a period of 3 years.  Documents submitted by the applicant show that he served with the 3rd Infantry at Fort Leslie J. McNair, Washington, D.C. in 1949, the 29th Infantry Regiment in Okinawa in 1949/1950.

7.  Hospital admission records obtained from the Department of the Army, Office of the Surgeon General, indicate that he was treated in Korea for various illnesses while serving as an infantryman in the 8th Cavalry Regiment, 1st Cavalry Division in 1950, in Korea.  His branch of service was listed as Infantry on at least three admissions.

8.  He was advanced to the rank of corporal (grade 4) on 25 June 1951 and was honorably discharged in the rank of corporal on 22 May 1952.  At the time of his discharge, his DD Form 214 indicates that his branch was artillery (Arty) and that his most significant assignment was “Hq Btry 10th AAA AW Bn.”  He was awarded the Army Occupation Medal (Japan), the Korean Service Medal with five bronze service stars, the Combat Infantryman Badge and the Presidential Unit Citation (PUC).

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) shows that the PUC was awarded to the 8th Cavalry Regiment.  There is no indication that Hq Btry, 10th AAA AW Bn ever received the PUC. 

10.  Army Regulation 635-5 serves as the authority for preparation of the DD Form 214.  It provides, in pertinent part, that information contained on the DD Form 214 is that information that is current at the time of separation and is not to be changed because of subsequent changes that may occur.  In other words, the DD Form 214 shows the information as it existed at the time of separation.

11.  A review of the enlisted grade structures over time shows that the rank of corporal (grade 4) was established on 1 August 1948 and has remained at pay grade 4 to this date, one grade below the rank of sergeant.  Prior to 1948, the rank of sergeant and Technician Third Class (Tec3) denoted personnel serving in grade 4.  

CONCLUSIONS:

1.  The applicant was serving in the rank of corporal (grade 4) at the time of his discharge and his rank is properly reflected on his DD Form 214.  Accordingly, there is no basis to change his rank to that of a SGT.

2.  However, the available evidence of record shows that the applicant served as an infantryman and his most significant unit of assignment was the 8th Cavalry Regiment, 1st Cavalry Division.  Accordingly, his records should be corrected to reflect that his branch was infantry instead of artillery (item 4 of DD Form 214) and that his most significant duty assignment (item 28) was the 8th Cavalry Regiment, 1st Cavalry Division.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned served in the branch of infantry (item 4 of DD Form 214) and that his most significant duty assignment (item 28) was the 8th Cavalry Regiment, 1st Cavalry Division.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

____jm__  __md ___  __inw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065486	
SUFFIX		
RECON		
DATE BOARDED	2002/04/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/corr 214	
2.		
3.		
4.		
5.		
6.