MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 April 2000                   
	DOCKET NUMBER:   AR2000035925

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be advanced to Master Sergeant, E-8 on the retired list.

APPLICANT STATES:  That he was utilized as the battery First Sergeant from about May through September 1961 until the arrival of the new First Sergeant.

EVIDENCE OF RECORD:  The applicant's military records show:

He initially enlisted in the Army on 28 June 1948 and was honorably discharged on 8 March 1963 as a Master Sergeant, E-7.  He reenlisted on 11 June 1963 as a Staff Sergeant, E-6.  He was promoted to Sergeant First Class, E-7 on 18 July 1966.  He retired on 1 November 1968 in the rank and grade of Sergeant First Class, E-7.  

Title 10, U. S. Code, chapter 369 governs retired grades.  Section 3964 provides that warrant officers and enlisted members may, when their active service plus their service on the retired list totals 30 years, be advanced on the retired list to the highest grade in which they served on active duty satisfactorily.

Army Regulation 15-80 establishes policies, procedures and responsibilities of the Army Grade Determination Review Board (AGDRB).  Paragraph 1.8 states that the AGDRB will consider each case on its own merits and is allowed substantial discretion in reaching its decision.  Determination will be based on the soldier’s overall service in the grade in question, either on active duty or other service qualifying the soldier for service or physical disability retirement, receipt of retired pay or separation for physical disability.  Pertinent circumstances include the length of time in grade and the performance level.

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 appreciates the applicant’s service as an acting First Sergeant.  However, advancement on the retired list can only be considered when a soldier served in a higher grade that would have qualified him for retirement, receipt of retired pay, or separation for physical disability.  Since the applicant was never promoted to Master Sergeant, E-8, he was never qualified for retirement as an   E-8.  Therefore, it is not appropriate to consider him for advancement on the retired list to that grade.

2.  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

__eb____  __tap___  __klw___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000035925	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.		
3.		
4.		
5.		
6.