| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: Reconsideration of his earlier request to restore his rank to corporal.
APPLICANT STATES: That he was a corporal in the Army.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR1999032273) on
22 June 2000.
The applicant submits copies of medical records, dated 24 July 1951, 14 August 1951, 13 September 1951, 15 November 1951, and 2 April 1952, which show his rank as corporal.
The applicant’s submissions are new evidence and argument that require Board consideration.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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 applicant’s contention that he was a corporal in the Army is supported by the medical documentation provided in support of his claim.
2. However, the applicant’s record of promotions and reductions are not contained in the available records.
3. The available records do contain a Standard Form 88 (Report of Medical Examination), dated 18 April 1952, which shows his rank as private.
4. The available records also contain a DA Form 1861 (Transcript of Military Record) which shows the applicant was discharged on 22 April 1952 in the rank of private.
5. Based on the foregoing, the overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
6. 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
JL______ RJW____ RTD____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002066443 |
| SUFFIX | |
| RECON | 20000622 |
| DATE BOARDED | 20020226 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 102.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001062514C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: His DD Form 214 reflects his proper grade at the time of his discharge in June 1952.
ARMY | BCMR | CY2003 | 2003086757C070212
APPLICANT REQUESTS: In effect, that his records be corrected to show his rank as corporal, vice private first class, at the time of his discharge on 7 March 1953. EVIDENCE OF RECORD : The applicant's military records show: The preponderance of evidence shows that the applicant's rank at the time of his discharge in 1953 was private first class.
ARMY | BCMR | CY2001 | 2001054911C070420
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. It provides that, if a...
ARMY | BCMR | CY2001 | 2001061277C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that at the time, the rank of corporal (CPL) was equivalent to today’s SGT and that recruit was the lowest enlisted rank. 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:
ARMY | BCMR | CY2002 | 2002082774C070215
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...
ARMY | BCMR | CY2002 | 2002080835C070215
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 Board notes that the...
ARMY | BCMR | CY2005 | 20050003093C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 November 2005 DOCKET NUMBER: AR20050003093 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. He was honorably discharged from the Army of the United States on 20 July 1952 in the rank of Sergeant.
ARMY | BCMR | CY2001 | 2001059459C070421
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. APPLICANT REQUESTS :...
ARMY | BCMR | CY2001 | 2001058976C070421
APPLICANT STATES : In effect, that a 28 March 1952 letter from the FSM’s division commander substantiates that he was entitled to the Combat Infantryman Badge. The submitted letter is new evidence that requires Board consideration. 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:
ARMY | BCMR | CY2002 | 2002073513C070403
This letter of support states that the applicant was wounded at the Battle of the Bulge and that he suffered frostbite of the feet and fingers. There is no evidence in the available records which shows that the applicant was wounded or treated for wounds as a result of hostile action. There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during the Battle of the Bulge.