MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 May 2000
	DOCKET NUMBER:   AR2000036182

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller		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:  In effect, that he be advanced on the Retired List to the rank of sergeant first class/E-7 (SFC/E-7).

APPLICANT STATES:  In effect, that his permanent rank was sergeant first class/E-6 (SFC/E-6), which he held for 11 years and 11 months.  He indicates that after leaving active duty he continued to serve in an active reserve status for an additional 23 years, which makes his total service 43 years.  

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

On 31 July 1967, he retired from the Regular Army after completing 20 years and 12 days of active military service.  At the time of his retirement the applicant held the permanent rank of SFC/E-6 and served in military occupational specialty 11B40 ((Infantry Platoon Sergeant).  

The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) indicates in block 23 (appointments and reductions) that the applicant attained the rank of SFC/E-6 on 30 August 1955.  There is no indication in the record that he ever held a higher grade while serving on active duty. 

The DA Form 2339 (Application for Voluntary Retirement) prepared by the applicant is on file in records.  This form verifies that the applicant submitted his request for retirement on 2 May 1967 and that he requested a retirement date of 31 July 1967.  On 13 June 1967, the appropriate authority approved his retirement request for 31 July 1967 in the rank of SFC/E-6. 

On 31 July 1967, the applicant was honorably released from active duty (REFRAD).  The record contains a properly constituted DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge), which was signed by the applicant.  This document shows that the applicant was separated, under the provisions of Title 10, United States Code, section 3914, by reason of retirement (20 years).  In addition, at the time of his REFRAD he held the rank of SFC/E-6 and had completed a total of 20 years and 12 days of active military service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 sets policies and procedures for voluntary retirement of soldiers because of length of service.  Paragraph 12-3b states, in pertinent part, that retirement will be in the regular or reserve grade the soldier holds on the date of retirement as directed in Title 10 of the United States Code, section 3961 (10 USC 3961).  Paragraph 12-6 (Advancement on the Retired List) contains guidance on the advancement of soldiers on the Retired List.  It indicates that advancement on the Retired List is limited to retired soldiers who held a higher grade and successfully served in that higher grade while on active duty.  There are no provisions for advancement of individuals who held a different rank title if they were retired in the appropriate pay grade.  
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.  After careful evaluation of the evidence of record and the independent evidence submitted by the applicant, the Board determined there was no basis for advancing the applicant on the Retired List.  

2.  The record clearly shows that while the applicant held the rank title of sergeant first class, he never actually served above the pay grade of E-6.  The provisions of law and regulation only allow for advancement of soldiers on the Retired List when they have in fact satisfactorily served in a higher pay grade.  Given the applicant never served in pay grade E-7, advancement on the Retired List to that grade is not appropriate.  Therefore, the Board concluded that the requested relief is not warranted in this case.

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 the aforementioned 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

__mdm__  __js  ____  ___mw__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036182	
SUFFIX		
RECON		
DATE BOARDED	2000/05/24	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 319	131.0900	
2.		
3.		
4.		
5.		
6.