| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Ms. Deborah S. Jacobs | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show the rank of specialist four/E-4 (SP4/E-4).
APPLICANT STATES: In effect, that at the time of his discharge from the Army he held the rank and pay grade of SP4/E-4 and not private first class/E-3 (PFC/E-3). In support of his application, he submits a copy of his honorable discharge certificate, Letter Orders published by Headquarters, Department of the Army, Office of the Adjutant General, U.S. Army Records Center, St. Louis, Missouri, dated 31 December 1963; and a Certification of Military Service
(NA Form 13038), published by the National Personnel Records Center (NPRC), National Archives and Records Administration (NARA), St. Louis, Missouri, dated 27 March 2001.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) in 1973. The information herein was gleaned from a copy of NA Form 13038, dated
27 March 2001, published by the NPRC, NARA.
The NA Form 13038 confirmed that the applicant entered the Regular Army on 15 January 1958, and that he continuously served on active duty until being honorably released from active duty (REFRAD) on 28 December 1959. This document confirms that on the date of his REFRAD, the applicant held the rank and pay grade of PFC/E-3. The authority and reason for his discharge or any other information in regard to the facts and circumstances surrounding his discharge or separation processing are not contained in this form.
The discharge certificate and Letter Orders provided by the applicant both show his rank as SP4/E-4. However, these documents only show that he held this rank and pay grade on 31 December 1963, the date he was discharged from the United States Army Reserve (USAR), at the completion of his military service obligation. They do not provide verification that he held this rank and pay grade while serving on active duty.
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.
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.
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 should be corrected to read the rank of SP4/E-4, however, it finds insufficient evidence to support this claim.
2. In accordance with regulatory guidance, the active duty grade of rank and pay grade at the time of separation will be entered on the separation document. Notwithstanding the documents provided by the applicant that show he held the rank and pay grade of SP4/E-4 on the date of his discharge from the USAR, the Board presumes that the rank and pay grade of PFC/E-3 listed in the NA Form 13038 on file was the rank and pay grade the applicant held on the date of his REFRAD. Therefore, lacking evidence to the contrary, the Board finds there is insufficient evidence to support the requested relief in this case.
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
__GDP __DSJ __ __REB___ DENY APPLICATION
| CASE ID | AR2001066269 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/26 |
| 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. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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