IN THE CASE OF:	  

		BOARD DATE:	 31 December 2013 

		DOCKET NUMBER:  AR20130006533 


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 the rank of her deceased spouse, a former service member (FSM), listed on the Certification of Military Service for the period 20 October 1951 through 26 November 1957 be corrected to sergeant (SGT).

2.  The applicant states the rank shown is private first class (PFC) and it should be SGT.  The correction is needed to get the proper rank placed on the grave marker.

3.  The applicant provides copies of a death certificate, four Certifications of Military Service, two WD AGO Forms 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), a DD Form 214 (Report of Separation from the Armed Forced of the United States), a Geneva Conventions Identification Card,  and a 1957 Certificate of Attendance. 

CONSIDERATION OF EVIDENCE:

1.  It is believed the FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant and from limited reconstructed personnel records.

2.  The FSM had continuous active duty service from 21 June 1944 through 26 November 1957, receiving honorable discharges on 7 October 1945, 19 October 1948, 19 October 1951, and 26 November 1957.

3.  The discharge documents show he was discharged as a corporal on 19 October 1948 and 19 October 1951.  The 19 October 1948 WD AGO Form 53-55 shows his highest grade held as a SGT.  The discharge documents provided do not include a record of his last period of service.  

4.  The Geneva Convention Identification Card provided shows the FSM as a SGT.

5.  The Law Enforcement Officers Training School Certificate of Attendance shows attendance for the period 8 through 26 September 1952.  The FSM is shown to have been a SGT. 

6.  The Certification of Military Service, issued on 17 August 2012, for the period 20 October 1951 through 26 November 1957 shows he had an "Honorable Release from Active Duty" in the rank of PFC.

7.  XVIII Airborne Corps and Fort Bragg Special Orders Number 312, dated 22 November 1957, shows the applicant was honorably discharged from active duty as a PFC.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The limited available documentation shows the FSM once held the rank of SGT.  However, the 22 November 1957 discharge orders show the FSM was a PFC at the time of his final separation from active duty. 

2.  In the absence of evidence to the contrary, this Board must apply the presumption of regularity in governmental affairs.  There is nothing in the available records or in the evidence submitted by the applicant to overcome this presumption.







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 for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20130006533





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ABCMR Record of Proceedings (cont)                                         AR20130006533



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