Mr. Carl W. S. Chun | Director | |
Mr. Joseph A. Adriance | Analyst |
Ms. Margaret K. Patterson | Chairperson | ||
Mr. Ronald E. Blakely | Member | ||
Mr. Frank C. Jones, II | Member |
APPLICANT REQUESTS: In effect, that the rank listed in his separation document (DD Form 214) be changed from “SP3 T” to SP4.
EVIDENCE OF RECORD: The applicant’s military records were not available
to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire. However, there are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
The evidence includes a properly constituted separation document (DD Form 214) that was issued to the applicant on the date of his separation. This document shows that he served on active duty for 2 years, between 24 August 1954 and 23 August 1956. Item 3a (Grade, Rate or Rank) contains the entry SP3 (T). The applicant authenticated this document with his signature in
Item 34 (Signature of Person Being Separated), thereby confirming that the information contained therein, to include his rank, was correct at the time the
DD Form 214 was prepared and issued.
There is also a Transfer or Release to Reserve Component of the Army
(DA Form 1270), dated 23 August 1956, on file. This document also lists the applicant’s rank as SP3 in Item 2 (Grade). The applicant signed this document in Item 13b (Signature).
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 considered the applicant’s request that his record be corrected to show his rank as SP4. However, it finds an insufficient evidentiary basis on which to support the requested relief.
2. The evidence confirms that the applicant held the rank of SP3 on the date of his release from active duty, and that he authenticated his DD Form 214 with his signature on the date of his separation. This indicates that he verified that the information contained in the separation document, to include his rank, was correct at the time is was prepared and issued.
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
__MKP__ __REB__ __FCJ __ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
CASE ID | AR2003086210 |
SUFFIX | |
RECON | |
DATE BOARDED | 2003/06/DD |
TYPE OF DISCHARGE | HD |
DATE OF DISCHARGE | 1956/08/23 |
DISCHARGE AUTHORITY | AR 635-200 |
DISCHARGE REASON | ETS |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. 803 | 144.9213 |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2009 | 20090009238
The fact that his military records contained orders, dated 25 July 1955, showing that his rank at the time was CPL was noted and will be discussed later in these Proceedings. Department of the Army (DA) Message 344303, dated June 1958 added enlisted grades E-8 and E-9 and restructured titles of certain existing ranks. The fact that the applicant's military records contained an order, dated 25 July 1955, showing that his rank at the time was CPL was noted.
ARMY | BCMR | CY2008 | 20080017381
IN THE CASE OF: BOARD DATE: 5 February 2009 DOCKET NUMBER: AR20080017381 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that he be awarded the Army Good Conduct Medal (AGCM) and that the rank listed on his separation document (DD Form 214) be corrected to reflect the rank title specialist four (SP4). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct...
ARMY | BCMR | CY2002 | 2002073190C070403
In support of his application, he submits a copy of his separation document (DD Form 214). 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...
ARMY | BCMR | CY2014 | 20140005575
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 4 October 1954 to 24 September 1957.
ARMY | BCMR | CY2014 | 20140009876
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2009 | 20090002323
The applicant's available military record shows he enlisted in the Army, in pay grade E-1, on 4 May 1953, for 3 years. Therefore, the applicant has no basis for correction to Item 41 of his DD Form 214 to show any other dates. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2013 | 20130007777
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he was on active duty from 7 July 1954 to 3 July 1956 * he served in Korea from 31 January 1954 to 28 May 1956 with the Korean Military Advisory Group (KMAG), 8202th Army Unit (AU) * he was recently informed he qualified for the KDSM and NDSM which were never recorded on his DD Form 214 * his rank at separation was specialist three (SP3)/corporal which was pay grade E-4 * pay...
ARMY | BCMR | CY2003 | 2003089566C070403
APPLICANT STATES : In effect, that rank on his DD Form 214 indicates PV1; however, his discharge certificate lists his rank as SP4. However, the evidence of record confirms that the applicant was reduced from the rank of SP4 to the rank of PV1 on 2 December 1982, as a result of a summary court-martial sentence. Further, he authenticated the DD Form 214 with his signature, thereby verifying that the information contained therein, to include his rank, was correct at the time the document was...
ARMY | BCMR | CY2003 | 2003085230C070212
The evidence of record contains a properly constituted DD Form 214 that lists the applicant’s rank at separation as SP4. In view of the facts in this case, the Board must presume government regularity in the preparation of the applicant’s separation document, which includes the rank of SP4 listed therein. Thus, the Board concludes that there is insufficient evidence to support granting the requested relief in this case.
ARMY | BCMR | CY2001 | 2001063474C070421
EVIDENCE OF RECORD : The applicant’s military records were not available to the Board for review. The DD Form 214 confirms that the applicant served on active duty from 7 June 1955 through 4 October 1956. Therefore, since the applicant failed to provide independent evidence to show that his general court-martial conviction was unjust, the Board finds there is insufficient evidence to support clemency in this case.