IN THE CASE OF: BOARD DATE: 19 April 2011 DOCKET NUMBER: AR20100025549 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, through his Member of Congress, reconsideration of his earlier request to show his rank on his Honorable Discharge Certificate from the U.S. Army Reserve (USAR) as a specialist four (SP4)/E-4 instead of private first class (PFC)/E-3. 2. The applicant states he is now providing additional information to show his rank of SP4. 3. The applicant provides Special Orders Number 4, dated 7 January 1963. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090018027, on 22 April 2010. 2. The applicant submitted an assignment order which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 16 September 1959 and he held military occupational specialty 717.10 (Administrative Specialist). 4. His records show he was assigned to the U.S. Army Training Center, Field Artillery, Fort Sill, OK. He was advanced to the permanent (P) rank/grade of private (PV2)/E-2 on 16 January 1960, temporary (T) rank/grade of PFC/E-3 on 16 May 1960, and the temporary (T) rank/grade of SP4/E-4 on 21 December 1960. 5. He was honorably released from active duty on 15 September 1961 and he was transferred to the USAR Control Group to complete his remaining Reserve obligation. Item 3a (Grade, Rate or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his rank/grade as "SP4 E-4 (T)" and item 32 (Remarks) shows the entry "PVT E-2 (P)" as the highest permanent rank/grade he held while on active duty. 6. His records pertaining to his USAR service are not available for review with this case. However, he submitted a copy of Special Orders Number 4, issued by Headquarters, XX U.S. Army Corps, Fort Hayes, OH, dated 7 January 1963, that ordered him to annual training with Company C, 728th Transportation Battalion. The orders listed his rank/grade as "SP4/E-4." 7. His USAR discharge orders are not available for review with this case. He previously submitted an Honorable Discharge Certificate, dated 31 August 1965, that listed his rank as "PFC." DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served on active duty from 16 September 1959 through 15 September 1961. He held the temporary rank of SP4 at the time of his release from active duty. 2. Upon his release from active duty, he was transferred to the USAR Control Group to complete his remaining Reserve obligation. His records for his USAR service are not available for review with this case. Although he provided official orders ordering him to annual training on 7 January 1963, it is unclear if he held that rank through 31 August 1965, the date he was discharged from the USAR. 3. The Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. In the absence of additional evidence that conclusively shows he held the rank of SP4 at the time of his discharge from the USAR on 31 August 1965, there is insufficient evidence in which to amend his rank on his Honorable Discharge Certificate. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ____X___ ___X____DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090018027, dated 22 April 2010. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100025549 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100025549 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1