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ARMY | BCMR | CY2001 | 2001063801C070421
Original file (2001063801C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 March 2002
         DOCKET NUMBER: AR2001063801

         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
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Roger W. Able Member
Mr. Walter T. Morrison 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: That his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was discharged with the rank of staff sergeant, pay grade E-5.

APPLICANT STATES: That he was assigned to Battery A, 29th Field Artillery Battalion, 4th Infantry Division, Friedburg, Germany, and that he worked in the communications section as a lineman. He was promoted to corporal (CPL) and he became the communications section chief. He performed the duties of an acting staff sergeant for about a year. Promotions were frozen, however, both his captain and his first sergeant told him that he had been promoted staff sergeant 2 days before he left Germany to return home. He received his discharge in the mail years later and it showed that he was separated with the rank of CPL. He is getting older and he would like his records corrected because he believes the rank of staff sergeant would look better on his grave marker than the rank of CPL. He also states that his records are free of blemish.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from a copy of his DD Form 214 and a copy of a DA Form 1577 (Authorization for Issuance of Awards).

The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 26 October 1950 and he served in military occupational specialty (MOS) 4641 (Lineman). He was promoted to CPL(T, for temporary) on 7 March 1952. His most significant duty assignment was Battery A, 29th Field Artillery Battalion, 4th Infantry Division, Germany. The exact dates of his foreign service are unknown; however, he served overseas for 1 year, 4 months and 10 days.

The applicant was honorably discharged on 15 October 1952 in the rank of
CPL (T). He had completed 1 year, 11 months and 20 days of active military service. His DD Form 214 also shows that he was awarded the Occupation Medal (Germany).

A DA Form 1577, dated 4 August 1988, shows that he was also awarded the Good Conduct Medal; the Army Occupation Medal with Germany Clasp; the National Defense Service Medal and the Expert Badge with Rifle and Carbine Bars.


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. 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.

2. There is no evidence that the applicant was ever promoted to the rank of staff sergeant. He may have served as a section sergeant and performed the duties of a sergeant and his record may be blemish free; however, these factors do not provide a basis for promotion to the next higher grade.

3. 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

_JHL____ __RWA _ __WTM__ DENY APPLICATION



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




INDEX

CASE ID AR2001063801
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020314
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19521015
DISCHARGE AUTHORITY SR 615-363-5
DISCHARGE REASON A03.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 131.0000
2.
3.
4.
5.
6.


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