MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          10 December 2002
	DOCKET NUMBER:   AR2002077631

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		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 that he was promoted from sergeant (SGT) to staff sergeant (SSG). 

APPLICANT STATES:  In effect, that upon his release from active duty (REFRAD) at the close of World War II, he was offered a promotion from SGT to SSG as an inducement to enlist in the United States Army Reserves (USAR).  He served in the inactive USAR until being ordered to active duty in October 1950 because of the Korean War.  It was then that he learned that he had not received the promised promotion, and that his rank was corporal (CPL).  He states that he complained at the time, and he was told his complaint would be looked into.  However, he was sent to Korea, where he served as a squad leader. He states that if the Board grants his request, he desires no monetary adjustment or compensation.  In support of his application, he provides a copy of his January 1946 separation document (WD AGO Form 53-55), his August 1951 separation document (DD Form 214), and other related military documents.

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 the separation documents provided by the applicant. 

The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 19 March 1943.  He continuously served on active duty until being honorably separated on 6 January 1946.  Item 3 (Grade) of this separation document confirms that he held the rank of SGT on the date of his separation, and Item 38 (Highest Grade Held) verifies that SGT was the highest rank he attained while serving on this period of active duty service. 

Under the enlisted grade structure, in effect at the time, the rank of SGT was equivalent to the pay grade of E-4, and staff sergeant equivalent to the pay grade of E-5.  On 1 August 1948, the enlisted grade structure of the Army was revised and the pay grade E-4 was aligned with the rank of CPL.  SGT was aligned with the pay grade E-5, and SSG with E-6.  This restructure did not contain retroactive provisions that allowed members to retain rank titles they previously earned or to be promoted to a higher grade.  

The applicant’s DD Form 214 shows that on 30 October 1950, he was ordered to active duty in his USAR status, and he continuously served until being honorably released from active duty (REFRAD) on 28 August 1951.  Item 3 (Grade, Rate, Rank and Date) contains an entry that shows he held the rank of CPL, which had attained on 1 August 1948.

Army Technical Manual 12-235 prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component.  Section VI, paragraph 24, in effect at the time, stated that the grade held at the time of separation and the date of rank or appointment will be entered the on WD AGO Form 53-55. 

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.

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The Board notes the applicant’s contention that he was promised a promotion as an inducement to enter the USAR upon his separation from active duty at the completion of World War II.  However, the Board finds insufficient evidence to support this claim.  

2. While the Board does not question the veracity of the applicant’s claim that he was promised a promotion as an inducement to enter the USAR, the available evidence contains no indication or written documentation to support this contention.  Therefore, based solely on the lack of evidence, the Board is compelled to deny the requested relief.  

3.  By regulation, the active duty rank at the time of separation will be entered on the separation document.  The available evidence confirms that the applicant held the rank of SGT upon his REFRAD at the completion of World War II.  It also shows that his rank was converted to CPL based on a change to the Army Grade Structure on 1 August 1948, and that this is the rank he held on the date of his REFRAD in 1951.  

4.  In addition, the available evidence also includes two properly constituted separation documents that were prepared in accordance with the applicable regulations in effect at the time.  These documents were also authenticated by the applicant with his signature on the respective dates of his separation in 1946 and 1951, which served to verify that the information contained in them was correct at the time.  

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

__CLA__  __TSK___  __CVM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002077631	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/10	
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.