ABCMR Proceedings (cont)                                                        AR2001052520

PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           28 August 2001
	DOCKET NUMBER:   AR2001052520

	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
| Ms. Carolyn G. Wade | | Analyst

  The following members, a quorum, were present:

| Mr. John N. Slone | | Chairperson
| Mr. Richard T. Dunbar | | Member
| Mr. Donald P. Hupman, Jr. | | 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 that his date of birth (DOB) on his 1946 WD AGO Form 53-56 (Enlisted Record and Report of Separation Discharge) be corrected to 15 March 1925.  He also requests that his rank on his 1951 DD Form 214 (Report of Separation from the Armed Forces of the United States) be changed to reflect that he was a sergeant and not a corporal.

3.  The applicant states that his DOB on his 1946 Discharge is incorrect because his year of birth is the same as the year of his discharge.  He further states that his rank on his 21 September 1951 DD Form 214 is incorrect; that he was activated as a sergeant; that he served as a sergeant; and that he was discharged as a sergeant on 24 March 1946.

4.  In support of his application, the applicant submitted various discharge certificates, his identification card for the Enlisted Reserve Corps, and a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.

5.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records and alternate sources.  

6.  The applicant was inducted into the Army of the United States (AUS) on 21 March 1943 and entered active service on 4 June 1943.  Trained in the Signal Corps, he was sent to the European Theater of Operations (ETO) and assigned to the 18^th Field Artillery Battalion.  He served in the ETO from 31 March 1945 to 15 February 1946.  While in the ETO, he was promoted to the rank of Sergeant, AUS on 12 December 1945.  He returned to the United States on 21 February 1946.  On 24 March 1946, the applicant was discharged from the AUS in the rank of sergeant.  He was discharged under the provisions of Army Regulation 615-365 for the convenience of the government with an honorable discharge. 

7.  On 25 March 1946, the applicant enlisted in the Enlisted Reserve Corps (ERC) for a period of 3 years.  His rank on enlistment was Sergeant.  On 24 March 1949, the applicant was discharged from the ERC in the rank of Corporal.

8.  On 17 June 1949, the applicant enlisted in the ERC for a period of 3 years in the rank of corporal.  On 29 October 1950, he was called up to active duty.  On 21 September 1951, he was released from active duty under the provisions of Special Regulation (SR) 615-363-5 and returned to the ERC.  His rank on release from active duty was Corporal.

9.  On 20 November 1952, the applicant was honorably discharged from the ERC in the rank of Corporal.

10.  The Enlisted Grade Structure of the Army was reorganized on 1 August 1948.  Prior to 1 August 1948, grade 4 was equivalent to the rank of sergeant; however, effective 1 August 1948, grade 4 became equivalent to the rank of corporal.  At the time of the applicant’s release from active duty on 21 September 1951, grade 4 was still equivalent to the rank of corporal.

CONCLUSIONS:

1.  The evidence of record confirms that the applicant’s DOB on his 1946 WD AGO Form 53-55 is incorrect.  The document shows in Item 10 (Date of Birth) "15 MAR 46" when it should read "15 MAR 25."

2.  The evidence of record reflects that the applicant's rank on his 1951 DD Form 214 is correct as shown.  The applicant is correct when he states that he entered the ERC as a sergeant (grade 4); however, on 1 August 1948 the enlisted grade structure was reorganized and grade 4 was redesignated from sergeant to corporal.  Therefore, the applicant’s grade 4 was correctly shown as sergeant prior to 1948, but after reorganization occurred, it was properly changed to corporal.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing his date of birth as 15 March 1925 on his WD AGO Form 53-55, dated 24 March 1946.

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

BOARD VOTE:  

__JNS___  __RTD _  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone____________________
		        CHAIRPERSON

INDEX

CASE ID | AR2001052520
SUFFIX |
RECON |
DATE BOARDED | 20010828
TYPE OF DISCHARGE | HD
DATE OF DISCHARGE | 19521120
DISCHARGE AUTHORITY | SR 615-363-5
DISCHARGE REASON | ETS
BOARD DECISION | GRANT
REVIEW AUTHORITY | DASA
ISSUES         1. | 100.0200
2. |
3. |
4. |
5. |
6. |