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ARMY | BCMR | CY2002 | 2002068991C070402
Original file (2002068991C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002068991

         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. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Ms. Barbara J. Ellis Member
Mr. Donald P. Hupman, Jr. 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: Correction to his discharge certificate dated 20 November 1948 to show his rank as Technician Fifth Grade (Tec 5) instead of Private First Class (PFC).

APPLICANT STATES: That his discharge certificate shows his rank as PFC and discharge date as 20 November 1948. His discharge certificate should show his rank as Tec 5 the same as his separation document (WD AGO Form 53-55). He submits copies of his WD AGO Form 53-55 and discharge certificates dated 20 November 1945 and 20 November 1948 in support of his request.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted into the Army of the United States on 3 March 1943 and entered on active service on 11 March 1943.

He was honorably separated in the rank of Tec 5, grade 5 on 20 November 1945. He was issued a WD AGO Form 53-55 and discharge certificate for this period of service.

His records show he enlisted in the Reserve in the rank of Tec 5 on 21 November 1945.

On 1 August 1948, the rank of Tec 5, grade 5, was converted to PFC, grade 5.

He was honorably discharged in the rank of PFC, grade 5, on 20 November 1948. He was issued a discharge certificate for this period of service.

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 view of the circumstances in this case, the applicant is not entitled to correction to his rank on his honorable discharge certificate dated 20 November 1948. He has not shown error, injustice, or inequity for the relief he now requests.

2. The Board notes his contentions; however, the applicant’s records show he was separated in the rank of Tec 5, grade 5 on 20 November 1945 and issued a WD AGO 53-55 and discharge certificate for this period of service. The applicant enlisted in the Reserve on 21 November 1945 and served until his discharge in the rank of PFC, grade 5 on 20 November 1948 and was issued a discharge certificate for this period of service.

3. The Board also notes that the applicant’s rank of Tec 5 was converted to PFC prior to his separation on 20 November 1948. Therefore, the applicant’s 20 November 1945 discharge certificate appropriately shows his rank as Tec 5 on the date he was honorably discharged from the Army of the United States. His 20 November 1948 discharge certificate appropriately shows his rank as PFC on the date he was honorably released from the Reserve.

4. 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.

5. 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

_dph____ __cla___ __bje___ DENY APPLICATION




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




INDEX

CASE ID AR2002068991
SUFFIX
RECON
DATE BOARDED 20020613
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.00
2. 100.02
3.
4.
5.
6.


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