APPLICANT REQUESTS:  That his records be corrected to show his rank as Technician 4th Grade (Tech 4).

APPLICANT STATES:  That all he did was miss roll call because he didn’t know what bus to catch; that he doesn’t think it was such a big deal; and that he earned the rank, and more.

EVIDENCE OF RECORD:  The applicant's military and medical records show:

During the period 4 April 1941-12 September 1945, he served in the Army of the United States, a total of 4 years,       5 months, and 10 days.  He was released from active duty in the grade of Tech 4 with military occupational specialty (MOS) 238 (Lineman, Telephone/Telegraph).

On 26 April 1949, he enlisted in the Enlisted Reserve Corps, as a Corporal, grade 4, MOS 3238 (Pole Lineman).

On 10 September 1950, he was ordered to active duty, as an enlisted reservist, for a period of 21 months, as a Corporal.

On 9 December 1950, while assigned to Fort Benning, Georgia, he was tried and found guilty of being drunk and disorderly, by civil authorities in Columbus, Georgia, after being confined for the period 4-8 December 1950.  His sentence is not a part of his official record.

During the period 1 March-17 June 1951, the applicant received company punishment under Article 15, Uniform Code of Military Justice (UCMJ)  on 3 occasions, for being absent without leave (AWOL) on 1 March and 3 May 1951 and for being absent without a pass on 17 June 1951.  For these offenses, he received restriction on two occasions and an official reprimand, for one.


During the period 27 May-15 August 1951, he served in a unit in the Federal Republic of Germany.

On 25 July 1951, the applicant accepted nonjudicial punishment (NJP) under Article 15, UCMJ, from the Commanding General, for being AWOL on 21 June 1951.  His punishment was a reduction to the rank of private first class (PFC), grade E-3.

On 28 July 1951, the applicant accepted NJP under Article 15, UCMJ, for misconduct and was reduced to the rank of private, grade E-2.

On 20 August 1951, the applicant was cleared for separation by a physical examination.  It was noted that he was instructed to report to the local health authorities because of a medical condition which had existed prior to service.

On 7 September 1951, he was honorably separated, in grade  E-2.  His Report of Separation indicates that he had       11 months and 23 days of creditable service with 5 days of lost time and total service of 5 years, 5 months and 3 days. He was entitled to award of the Army of Occupation Medal (Germany) for this period of service.

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 the aforementioned requirement.

2.  The evidence of record shows that the applicant held the rank of Tech 4 at the end of his first period of service.  The ranks held during the period in question were corporal, PFC, and private.

3.  The applicant’s rank and creditable service are correct as stated on his Report of Separation.

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.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director