PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 April 2003   
	DOCKET NUMBER:   AR2002083190

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda M. Barker		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, in effect, that the rank listed in his separation document (DD Form 214) be corrected to read corporal (CPL) vice private first class (PFC) as is currently listed.  

3.  The applicant states, in effect, that his rank at discharge was CPL and his separation document should reflect this.  He claims that he was promoted while he was in the hospital prior to his separation by reason of disability.  

4.  The applicant’s military records show that he entered the Army on 5 October 1942.  He continuously served on active duty for 7 years, 7 months, and 26 days until being honorably discharged, by reason of disability on 31 May 1950.  

5.  The applicant’s Service Record (WD AGO Form 24) shows on page 
5 (Appointment, Promotion or Reduction) that he was promoted to PFC on 
22 December 1944 and to CPL on 31 August 1946.  A record of Medical Board Proceedings (WD AGO Form 8-118), prepared at Valley Forge General Hospital, Phoenixville, Pennsylvania, also confirms that the applicant held the rank of CPL on 3 January 1950, the date this medical board convened to consider his case.  

6.  The DD Form 214 issued to the applicant on the date of his discharge confirms that he was discharged by reason of disability on 31 May 1950.  
Item 3 (Grade-Rate-Rank and Date of Appointment) contains the entry “PFC 
31 August 1946”, which indicates that he held the rank of PFC on the date of his separation, and that he had been promoted to that rank on 31 August 1946.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the rank listed on his 
DD Form 214, dated 31 May 1050 should be corrected to read CPL, vice PFC as is currently listed, and it finds this claim has merit. 

2.  The evidence of record confirms that the applicant was promoted to CPL on 31 August 1946, and that he held that rank while undergoing medical processing for separation on 3 January 1950.  Therefore, lacking any evidence of record showing that he was reduced prior to the date of his discharge, 31 May 1950, the Board presumes the rank entered in Item 3 of his DD Form 214 was listed as a result of an administrative error.  Therefore, it concludes that it would be appropriate to correct this error at this time.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank of corporal on 31 August 1946, and that he held that rank on the date of his discharge on 
31 May 1950; and by providing him a corrected separation document that reflects this change. 

BOARD VOTE:  

___rjw __  ___bje __  ___lb ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2002083190	
SUFFIX		
RECON		
DATE BOARDED	2003/04/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1950/05/31	
DISCHARGE AUTHORITY	AR 600-450	
DISCHARGE REASON	Disability 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  803	144.9213	
2.		
3.		
4.		
5.		
6.