PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          14 October 1998     
	DOCKET NUMBER:   AC98-09683

	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. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Robert W. Garrett		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.  In effect, advancement to pay grade E-7 on the retired list.

3.  The applicant states that in his computation of service in his application for retirement (DA Form 2339), one period of that service should show that he was a Master Sergeant E-7, as indicated on his 12 November 1953 DD Form 214.   

4.  The applicant’s military records show that he entered the Army in 1941, served in the European Theater of Operations during World War II and received an Honorable Discharge Certificate on 23 June 1946 in the grade of Staff Sergeant.  He was in the enlisted reserve corps until his reenlistment on 
28 August 1947.  Discharged on 29 August 1949 in the grade of Sergeant, he reenlisted the following day, served until 12 November 1953 and received an Honorable Discharge at Camp Polk, Louisiana.  His DD Form 214 shows his rank as M/Sgt (T) with a date of rank of 28 November 1952.  He again reenlisted on 9 November 1955 and served continuously until his retirement on 
31 October 1965.  He had 20 years, 9 months, and 27 days of active service.

5.  The applicant’s service record (WD AGO Form 24A) from 30 August 1949 to 
12 November 1953 indicates that he was promoted to SFC on 22 November 1950 and to MSGT on 28 November 1952.  His character and efficiency ratings were both excellent and he was awarded the Good Conduct Medal during this period of his enlistment.  On 24 August 1953 he received a letter of appreciation from his commanding officer.  His rank on that letter is shown as Master Sergeant.

6.  The applicant’s application for retirement (DA Form 2339), dated 4 May 1965 shows that when he was discharged on 12 November 1953 his grade was SGT E-5.  That form also shows that SSGT E-6 was the highest grade that he ever held while on active duty. 

7.  Army Regulation 635-200 sets the policies, standards, and procedures for separation of enlisted personnel, and Chapter 12 sets policies and procedures for voluntary retirement of soldiers because of length of service.  Paragraph 
12-6, Advancement on the retired list (10 USC 3964), states that retired soldiers who have less than 30 years of active service are entitled, when their active service plus service on the retired list total 30 years, to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily.  When these soldiers complete 30 years of service, their military personnel records are reviewed to determine whether service in the higher grader was satisfactory.  Soldiers advanced to a higher grade will by notified by the commander of the Army Reserve Personnel Center (ARPERCEN).  

CONCLUSIONS:

1.  The applicant was promoted to Master Sergeant (MSGT) on 28 November 1952 and served satisfactorily in that rank and pay grade.  He was discharged as a Master Sergeant on 12 November 1953.  Accordingly, his DA Form 2339 should be revised to show that his grade at the time that he was discharged on 12 November 1953 was MSGT E-7, and that the highest grade that he ever held while on active duty (item 12, DA Form 2339) was MSGT E-7.

2.  The applicant should have been advanced on the retired list to MSGT, pay grade E-7, on 15 January 1975, the date that his active service plus his service on the retired list totaled 30 years, and received retired pay in grade E-7 from that date. 

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 individual concerned:

     a.  was discharged on 12 November 1953 (item 8, DA Form 2339) as a MSGT E-7, and that the highest grade that he ever held while on active duty was as a MSGT E-7; and 

     b.  was advanced on the retired list to MSGT E-7 on 15 January 1975, the date that his active service and his service on the retired list totaled 30 years.

2.  The applicant should receive retired pay as a MSGT E-7 retroactive to 
15 January 1975.    

BOARD VOTE:  

__JNS__  _EMW___  ___RWG_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON