IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002791 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request that his records be corrected to show his rank as sergeant/E-6.  It appears he is also requesting correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show additional training completed and correction of his U.S. Army Reserve (USAR) Honorable Discharge Certificate to show his service number as US xx xxx xxx instead of ER xx xxx xxx.

2.  The applicant states existing documents identified him as holding a rank higher than private first class (PFC).  He contends that he completed the "Army 16MM Projectionist Orleans Kilm [interpreted to mean Film] and Equipment Exchange on 27 February 1956."

3.  The applicant provides a DD Form 214, USAR Honorable Discharge Certificate, and USAR discharge letter order.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100008832, on 12 August 2010.

2.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by him.

3.  He presents new argument concerning his highest rank held which is new evidence that warrants consideration by the Board.

4.  In the previous Record of Proceedings it was concluded that none of the available documents identified him as holding a rank higher than PFC.

5.  His DD Form 214 shows he was inducted into the Army on 30 August 1954 and was released from active duty in the rank of PFC and transferred to the USAR on 11 August 1956.  It also shows his service number as US xx xxx xxx and that he completed 10 weeks of a signal course in 1955.

6.  There is no evidence in the available records showing he held a rank higher that PFC while on active duty or that he completed any additional training. 

7.  He provides a USAR Honorable Discharge Certificate that shows his service number as ER xx xxx xxx and rank as PFC.  He also provides a USAR discharge letter order that shows he was discharged from the USAR on 31 July 1962 in the rank of specialist four (SP4) and also shows his service number as ER xx xxx xxx.

8.  A search of the internet revealed that the prefix "ER" on a Soldier's service number was used to denote enlisted personnel of the USAR and the prefix "US" was used to denote enlisted drafted personnel of the U.S. Army.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  

	a.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  

	b.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

	c.  The regulation in effect at the time provided that for item 28 (Service Schools and/or College Training) enter service schools, including dates and major courses which were successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.
10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show his rank as sergeant/E-6, to show additional training completed, to show his service number as US xx xxx xxx instead of ER xx xxx xxx has been carefully reviewed.  

2.  The Honorable Discharge Certificate and the discharge letter order pertain to his service as an enlisted Soldier of the USAR.  Therefore, the service number prefix shown is correct.  Additionally, because the above mentioned documents pertain to his service in the USAR, there is no basis to correct his DD Form 214, which pertains to his active duty service, to show a different rank.

3.  There is no evidence in the available records, and he provided none, that confirms he completed any additional training that should be added to his DD Form 214.  

4.  In view of the above, there is no basis to grant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100008832, dated 12 August 2010.



      
      _______ _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.

ABCMR Record of Proceedings (cont)                                         AR20110002791



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ABCMR Record of Proceedings (cont)                                         AR20110002791



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