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ARMY | BCMR | CY2002 | 2002083190C070215
Original file (2002083190C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 April 2003
         DOCKET NUMBER: AR2002083190


         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. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Barbara J. Ellis Member
Ms. Linda M. Barker 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, in effect, that the rank listed in his separation document (DD Form 214) be corrected to read corporal (CPL) vice private first class (PFC) as is currently listed.

3. The applicant states, in effect, that his rank at discharge was CPL and his separation document should reflect this. He claims that he was promoted while he was in the hospital prior to his separation by reason of disability.

4. The applicant’s military records show that he entered the Army on 5 October 1942. He continuously served on active duty for 7 years, 7 months, and 26 days until being honorably discharged, by reason of disability on 31 May 1950.

5. The applicant’s Service Record (WD AGO Form 24) shows on page
5 (Appointment, Promotion or Reduction) that he was promoted to PFC on
22 December 1944 and to CPL on 31 August 1946. A record of Medical Board Proceedings (WD AGO Form 8-118), prepared at Valley Forge General Hospital, Phoenixville, Pennsylvania, also confirms that the applicant held the rank of CPL on 3 January 1950, the date this medical board convened to consider his case.

6. The DD Form 214 issued to the applicant on the date of his discharge confirms that he was discharged by reason of disability on 31 May 1950.
Item 3 (Grade-Rate-Rank and Date of Appointment) contains the entry “PFC
31 August 1946”, which indicates that he held the rank of PFC on the date of his separation, and that he had been promoted to that rank on 31 August 1946.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the rank listed on his
DD Form 214, dated 31 May 1050 should be corrected to read CPL, vice PFC as is currently listed, and it finds this claim has merit.

2. The evidence of record confirms that the applicant was promoted to CPL on 31 August 1946, and that he held that rank while undergoing medical processing for separation on 3 January 1950. Therefore, lacking any evidence of record showing that he was reduced prior to the date of his discharge, 31 May 1950, the Board presumes the rank entered in Item 3 of his DD Form 214 was listed as a result of an administrative error. Therefore, it concludes that it would be appropriate to correct this error at this time.

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



RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank of corporal on 31 August 1946, and that he held that rank on the date of his discharge on
31 May 1950; and by providing him a corrected separation document that reflects this change.

BOARD VOTE:

___rjw __ ___bje __ ___lb ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON




INDEX

CASE ID AR2002083190
SUFFIX
RECON
DATE BOARDED 2003/04/03
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1950/05/31
DISCHARGE AUTHORITY AR 600-450
DISCHARGE REASON Disability
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 803 144.9213
2.
3.
4.
5.
6.


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