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ARMY | BCMR | CY2002 | 2002071856C070403
Original file (2002071856C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 20 AUGUST 2002
         DOCKET NUMBER: AR2002071856


         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.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Melinda M. Darby Chairperson
Mr. Roger W. Able Member
Mr. Curtis L. Greenway Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his DD Form 214 be corrected to show that he had training as an airplane and engine mechanic and as a helicopter mechanic, and to show that his most significant duty assignment was the Air Section, Headquarters and Headquarters Company, 40th Infantry Division, not Headquarters Company, 307th Infantry Division as shown. He also requests reconsideration of his request to correct his record to show his rank as sergeant first class vice private first class. He states that ranks were frozen when he was in Korea in 1952 and 1953. He was told that he was supposed to hold the rank of sergeant first class. He came home as a private first class. He is not asking for back pay or compensation of any kind, but only wants his rank of his DD Form 214 corrected.

3. The applicant states that his most significant duty assignment was with the above mentioned unit of the 40th Infantry Division in Korea, and that he did successfully complete both the aircraft and engine school training course, MOS (military occupational specialty) 3008 and the helicopter school, MOS 3995. He states that his rank on his DD Form 214 should be sergeant first class. He has sent numerous applications to correct the errors, to no avail.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant and from reconstructed personnel records.

5. Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his request to correct his rank from private first class to sergeant first class on 4 May 2000 (AR1999031124).

6. The applicant’s 15 September 1943 separation qualification record (DA Form 493) shows that he completed a 13 week aircraft and engine mechanic liaison planes course and a 6 week rotary wing mechanic course at San Marcos Air Force Base in Texas, and that he was assigned as a rotary wing crew chief, MOS 3995, for seven months; and as an aircraft and engine mechanic crew chief, MOS 3008, of a liaison type aircraft for 14 months. The highest grade that he held was private first class. Certificates of proficiency from the Air Force Air Training Command attest to his completion of training as an Army helicopter mechanic in May 1952 and an Army airplane mechanic in March 1952.

7. The applicant’s record contains no evidence of an assignment to a 40th Infantry Division unit.

8. The applicant has provided no evidence to support his claim that he was promoted to sergeant first class during his military service. This Board stands by the conclusion reached by the 4 May 2000 Board that in the absence of [promotion] orders, there is no evidence that he was promoted.
CONCLUSIONS:

1. The applicant completed a 6 week rotary wing mechanic course in May 1952 at San Marcos Air Force Base in Texas, in addition to the aircraft and engine mechanic course shown on his DD Form 214. That course should also be included on his DD Form 214.

2. There is no evidence, nor has the applicant provided any, to show that he was promoted to sergeant first class; nor is there any evidence to show that he was assigned to a 40th Infantry Division unit. Consequently, because of insufficient evidence, his request concerning these matters cannot be granted.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant completed a 6 week rotary wing mechanic course at San Marcos Air Force Base in Texas in May 1952.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__MMD__ __RWA__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ Melinda M. Darby___
                  CHAIRPERSON




INDEX

CASE ID AR2002071856
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020820
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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