| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Karol A. Kennedy | Chairperson | ||
| Mr. Arthur O. Omartian | Member | ||
| Mr. Raymond J. Wagner | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show the rank of staff sergeant (SSG).
APPLICANT STATES: In effect, that at the time of his discharge from the Army he held the rank of SSG and not sergeant (SGT). In support of his application, he submits a copy of his Certification of Military Service (NA Form 13038), dated 16 March 1998, published by the National Personnel Records Center (NPRC), National Archives and Records Administration (NARA), St. Louis, Missouri.
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
16 March 1998, published by the NPRC, NARA.
The NA Form 13038 confirmed that the applicant entered the Regular Army on
6 January 1951, and that he continuously served on active duty until being honorably released from active duty (REFRAD) on 10 December 1952. This document also verifies that on the date of his REFRAD, the applicant held the rank of SGT. The authority and reason for his discharge and other information in regard to the facts and circumstances surrounding his discharge or separation processing are not contained in this form or on file.
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 separation documents. It states, in effect, that the active duty grade of rank at the time of separation will be entered on the separation document.
Army Regulation 15-185, provides 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.
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 SSG, however, it finds insufficient evidence to support this claim.
2. In accordance with regulatory guidance, the active duty grade of rank at the time of separation will be entered on the separation document. The only separation document available to the Board was the NA Form 13038, which indicated that the applicant held the rank of SGT on the date of his separation, and that Board presumes government regularity in the preparation of this document. Therefore, lacking independent evidence to the contrary, the Board is compelled to deny the requested relief.
3. 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.
4. 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
__KAK__ __AOA__ __RJW__ DENY APPLICATION
| CASE ID | AR2002070898 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/07/02 |
| 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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