| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Richard T. Dunbar | Member | ||
| Mr. Kenneth W. Lapin | Member |
APPLICANT REQUESTS: In effect, that his separation document (DD Form 214), dated 19 July 1954, be corrected to show the rank of sergeant (SGT).
APPLICANT STATES: In effect, that his DD Form 214 incorrectly shows his rank as corporal (CPL). In support of his application, he submits a copy of his
DD Form 214, dated 19 July 1954.
EVIDENCE OF RECORD: The applicant's military records show:
On 19 July 1954, he was honorably released from active duty (REFRAD) for the purpose of immediate reenlistment. On the date of his separation from this period of service, he was issued a DD Form 214 that he authenticated with his signature. This document confirms that he held the rank of CPL on the date of his separation, and that he had completed 1 year, 10 months, and 16 days of active military service on this particular enlistment. It also shows that during this period of service he earned the following awards: United Nations Medal; National Defense Service Medal; Korean Service Medal with 1 bronze service star; and Combat Infantryman Badge.
On 20 July 1954, the applicant immediately reenlisted for a period of 3 years, and continuously served on active duty until he was honorably separated on
1 July 1957. At the time of his separation from this period of service, he was issued a second DD Form 214, which he authenticated with his signature. This document confirms that he held the rank of SGT on the date of his separation from this period of service and that he had been promoted to that rank on
28 June 1955.
Army Regulation 635-5 prescribes the separation documents that 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 these separation documents. It states, in effect, that the active duty rank 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 Boards notes the applicant’s contention that his DD Form 214, dated
19 July 1954, incorrectly shows his rank as CPL and that it should be corrected to read the rank of SGT. However, it finds insufficient evidence to support this claim.
2. The evidence of record confirms that the applicant was promoted to SGT in June 1955, subsequent to the enlistment period documented in his DD Form 214, dated 19 July 1954. Although he held the rank of SGT during his active tenure, by regulation, the active duty rank held at the time will be entered in the separation document. Further, the Board notes that the DD Form 214 issued to the applicant at the completion of his service on 1 July 1957, does in fact confirm that he was promoted to the rank of SGT in June 1955 and that he held that rank on the date of his separation from this period of active duty.
3. The Board wishes to congratulate the applicant on his outstanding Korean War service, but finds no error or injustice related to the CPL rank entry listed on his DD Form 214, dated 19 July 1954. Therefore, it is regrettably compelled to deny the requested relief.
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
__RVO__ __RTD__ __KWL__ DENY APPLICATION
| CASE ID | AR2002070198 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/07/25 |
| 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. | 131.0900 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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