MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          26 November 2002
	DOCKET NUMBER:   AR2002075985

	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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry, Jr.		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 staff sergeant (SSG).

APPLICANT STATES:  In effect, while he was assigned to the 2nd Infantry Division Replacement Center, a bomb was dropped on the headquarters tent and his military records were destroyed.  He states that when he was discharged from the Army at Fort Meade, Maryland, his records were incorrect.  In support of his application, he submits a picture of himself and copies two envelopes.

COUNSEL CONTENDS:  Counsel reviewed the applicant’s Application For Correction of Military Records (DD Form 149) and provided no comments.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s separation document (DD Form 214) and the other military documents.  

The DD Form 214, issued to and signed by the applicant on the date of his separation confirms that he held the rank and pay grade of corporal (CPL) at that time.  It also shows he served overseas in Korea for 1 year and 6 days and that during his active duty tenure he earned the following awards:  Purple Heart with Oak Leaf Cluster; United Nations Service Medal; Korean Service Medal with 
2 bronze service stars; and Combat Infantryman Badge (CIB).

The applicant provided a picture of himself in Korea which he claims shows his rank as SSG on his hat and two envelopes that list his rank as sergeant (SGT) in his address.  

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 separation documents.  It states, in effect, that the active duty grade of rank at the time of separation will be entered on the separation document.

Army Regulation 15-185, provides 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.

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 it should be corrected to SSG.  However, it finds insufficient evidence to support this claim.

2.  By regulation, the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.  The evidence of record contains a properly constituted DD Form 214 that lists the applicant’s rank at separation as CPL.  The applicant authenticated this document with his signature on the date of his separation, thereby verifying that the information contained therein was correct at that time.  

3.  In view of the evidence of record, the Board is compelled to presume government regularity in the preparation of the applicant’s separation document, which includes the rank of CPL listed therein.  The Board carefully considered the evidence provided by the applicant, however, it determined it was not sufficiently compelling to override this presumption of regularity.

4.  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 this requirement.

5.  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

_ _SAC  _  __RWA_  ___HOF__  DENY APPLICATION

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

INDEX

CASE ID	AR2002075985	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/26	
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.	131.0900	
2.		
3.		
4.		
5.		
6.