MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 March 2002
	DOCKET NUMBER:   AR2001066269

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 military records be corrected to show the rank of specialist four/E-4 (SP4/E-4).

APPLICANT STATES:  In effect, that at the time of his discharge from the Army he held the rank and pay grade of SP4/E-4 and not private first class/E-3 (PFC/E-3).  In support of his application, he submits a copy of his honorable discharge certificate, Letter Orders published by Headquarters, Department of the Army, Office of the Adjutant General, U.S. Army Records Center, St. Louis, Missouri, dated 31 December 1963; and a Certification of Military Service 
(NA Form 13038), published by the National Personnel Records Center (NPRC), National Archives and Records Administration (NARA), St. Louis, Missouri, dated 27 March 2001. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) in 1973.  The information herein was gleaned from a copy of NA Form 13038, dated 
27 March 2001, published by the NPRC, NARA.

The NA Form 13038 confirmed that the applicant entered the Regular Army on 15 January 1958, and that he continuously served on active duty until being honorably released from active duty (REFRAD) on 28 December 1959.  This document confirms that on the date of his REFRAD, the applicant held the rank and pay grade of PFC/E-3.  The authority and reason for his discharge or any other information in regard to the facts and circumstances surrounding his discharge or separation processing are not contained in this form. 

The discharge certificate and Letter Orders provided by the applicant both show his rank as SP4/E-4.  However, these documents only show that he held this rank and pay grade on 31 December 1963, the date he was discharged from the United States Army Reserve (USAR), at the completion of his military service obligation.  They do not provide verification that he held this rank and pay grade while serving on active duty.   

Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.  

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4, states in effect, that the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.

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 notes the contention of the applicant that his rank at the time of his separation is incorrect and should be corrected to read the rank of SP4/E-4, however, it finds insufficient evidence to support this claim.  

2.  In accordance with regulatory guidance, the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.  Notwithstanding the documents provided by the applicant that show he held the rank and pay grade of SP4/E-4 on the date of his discharge from the USAR, the Board presumes that the rank and pay grade of PFC/E-3 listed in the NA Form 13038 on file was the rank and pay grade the applicant held on the date of his REFRAD.  Therefore, lacking evidence to the contrary, the Board finds there is insufficient evidence to support the requested relief in this case.

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

__GDP     __DSJ __  __REB___  DENY APPLICATION

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

INDEX

CASE ID	AR2001066269	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/26	
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.	131.00	
2.		
3.		
4.		
5.		
6.