MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 September 2000
	DOCKET NUMBER:   AR2000037923

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern III		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 from staff sergeant to sergeant first class.

APPLICANT STATES:  He makes no statement, but provides a copy of his DD Form 214, Report of Transfer or Discharge, and two pieces of correspondence from the Department of Veterans Affairs (VA), dated 15 February 1979 and 5 October 1983, showing that he is 100 percent disabled.

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

He was a career noncommissioned officer who entered active duty in March 1943 and served until he retired in June 1970 by reason of physical disability.

The applicant’s promotion history shows he was promoted to staff sergeant (E-6) on 16 October 1968.  There is no record of any previous or subsequent promotion to a higher grade of rank.

The applicant retired on 29 June 1970 at Fort Sheridan, Illinois, in the rank of staff sergeant (E-6).  He had a total of 27 years, 3 months and 25 days of creditable active service.

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of active service or a disability rated at least 30 percent.

Title 10, United States Code, section 3961 provides that retirement from active military service will be in the regular or reserve grade the soldier holds on the date of retirement.

Title 10, United States Code, section 3964 provides that Regular Army soldiers retired with less than 30 years of active federal service who served on active duty in a grade higher than the grade in which retired are considered for advancement on the retired list when their active duty service plus service on the retired list totals 30 years.  When appropriate, advancement is to the grade equal to the highest grade in which they served satisfactorily on active duty, as determined by the Secretary of the Army.

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 highest grade of rank which the applicant held while on active duty was staff sergeant (E-6), the grade in which he was appropriately retired under law.

2.  There is no evidence in the applicant’s military records that he was ever promoted to or held a grade higher than E-6.

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 this 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

__cla____  __wtm___  __tbr ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037923	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.