| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Eric N. Andersen | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show his rank as specialist three (SP3).
APPLICANT STATES: In effect, that he was promoted to the SP3 a few weeks prior to his discharge, but the paperwork did not catch up to him prior to his separation. He was told that a corrected discharge document showing the proper rank would be provided later. He states that he is now 69 years old and would like to have his tombstone show his correct rank of SP3 upon his death. In support of his application, he submits a copy of his separation document
(DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information herein was gleaned from a copy of the applicant’s DD Form 214.
On 21 June 1956, the applicant was honorably released from active duty (REFRAD) after completing 1 year and 11 months of active military service. On the date of his separation from this period of service, he was issued a DD Form 214 that contained in Item 3 (Grade, Rate, Rank) the rank he held on the date of his separation was private first class (PFC).
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 SP3. However, it finds insufficient evidence to support this claim.
2. In accordance with the regulation in effect at the time of the applicant’s discharge, the active duty rank a member held on the date of separation would be entered in Item 3 of the DD Form 214. While the Board does not question the veracity of the applicant’s claim that he was promoted two weeks prior to his separation, the only evidence available to it during this review was the applicant’s separation document.
3. The Board notes that the applicant’s properly constituted DD Form 214 lists his rank as PFC. Lacking evidence to the contrary, the Board must presume government regularity in the preparation of this separation document, and it is therefore compelled to deny the requested relief.
4. The applicant is advised that the Board does not question the veracity of his claim that he was promoted to SP3. However, it is forced to deny the applicant’s request based solely on the lack of supporting evidence, and in the interest of fairness to all those who served and who faced similar circumstances.
5. 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.
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
__MHM__ __ENA __ __JTM__ DENY APPLICATION
| CASE ID | AR2002073190 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/05 |
| 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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