PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  21 September 2000
	DOCKET NUMBER:  AR2000036905

	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. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn Langston		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Curtis L. Greenway		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.  The applicant requests that he be advanced on the retired list to the rank and pay grade of Captain, O-3.

3.  The applicant states that after completing 30 years of active and retired list service, he was advanced to the grade of 1st Lieutenant instead of Captain.

4.  The applicant’s military records show that he served as an enlisted member of the Regular Army from 11 December 1937 through 30 November 1942.  During this time, he rose to the rank of Staff Sergeant.  On 1 December 1942, the applicant was commissioned as a 2nd Lieutenant in the Officer’s Reserve Corps (ORC) and placed on active duty.  On 12 May 1944, the applicant was promoted to 1st Lieutenant.

5.  As a Reserve Officer, the applicant served on active duty from 1 December 1942 through 13 April 1947.  On 19 February 1947, he was promoted to a Captain in the ORC.  On 13 April 1947, he was released from active duty as a Captain and transferred to the Reserve.

6.  On 17 April 1947, the applicant enlisted in the Regular Army as a Master Sergeant (MSG) while continuing to be an officer in the ORC not on active duty.  On 29 October 1950, the applicant was called to active duty from the ORC as a Captain to serve during the Korean War.  He served as a Reserve Captain on active duty until released from active duty on 5 August 1952, a period of 1 year, 
9 months, and 7 days.  During this time, the applicant’s date of rank for Captain was adjusted to 5 September 1950 according to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

7.  On 6 August 1952, the applicant reenlisted in the Regular Army as a MSG.  
On 15 April 1959, the applicant was promoted to the rank of Sergeant Major in the Regular Army.  (In the ORC, he was promoted to Major (Permanent) on 
19 February 1954.)  On 31 August 1959, he retired from the Regular Army as a SGM, with a total active service of 21 years, 8 months, and 18 days.

8.  On 13 December 1967, the applicant completed 30 years service on active duty and the retired list.  On 14 February 1968, he requested advancement on the retired list to the highest grade he had held satisfactorily on active duty.  His record was evaluated by the Department of the Army (DA) Retirement Branch and he was advanced to the rank of 1st Lieutenant on the retired list.  On 5 March 1973, he wrote a letter to DA stating that instead of being advanced to 
1st Lieutenant, he should have been advanced to Captain on the retired list due to his active duty service as a Captain during the Korean War.  On 25 May 1973, the DA Retirement Branch responded incorrectly that the 1st Lieutenant rank on the retired list was correct since his Captain rank had been a terminal leave promotion in 1947.

10.  According to Public Law, US Code, Title 10, section 3964, and Army Regulation 635-200, paragraph 12-6, an enlisted soldier or warrant officer on the retired list may be advanced to the highest grade in which they served satisfactorily on active duty when active service plus service on the retired list totals 30 years.  Satisfactory service for the grades of Lieutenant through Major is defined by section 1307 of Title 10, as 6 months active duty in that grade.

CONCLUSIONS:

1.  The applicant did serve satisfactorily in the grade of Captain on active duty.  
It appears that the initial and subsequent DA evaluations of the applicant’s record erroneously overlooked the applicant’s 21 months active duty service as a Captain during the Korean War.  Therefore, he should be advanced on the retired list to Captain effective the date of the initial error, 13 December 1967, and provided the requisite retired pay adjustment.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  advancing him on the retired list to Captain, pay grade O-3, effective 
13 December 1967, with a date of rank of 5 September 1950; and 

	b.  providing him the requisite retired pay adjustment.

BOARD VOTE:  

__jl___  __ea___  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2000036905	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.131.09	Advancement in Grade	
2.		
3.		
4.		
5.		
6.