MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 July 2000
	DOCKET NUMBER:   AR2000038006

	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. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		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:  In effect, that he be advanced to the rank and pay grade of Master Sergeant/E-7 (MSG/E-7) on the Retired List. 

APPLICANT STATES:  In effect, that he satisfactorily held the rank and pay grade of MSG/E-7 while on active duty after being promoted to that rank and pay grade in 1955. 

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

On 30 November 1968, he was released from active duty (REFRAD), under the provisions of Title 10 of the United States Code, section 3914, by reason of length of service retirement.  At the time of his separation, he had completed a total of 20 years and 20 days of active military service and held the rank and pay grade of Staff Sergeant/E-6 (SSG/E-6).  On the following day, 1 December 1968, he was placed on the Retired List in that rank and pay grade.  

The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) indicates in block 33 (Appointments and Reductions) that on 
29 March 1955, he was promoted to the rank and pay grade of MSG/E-7, which is the highest rank he held while on active duty, after having served in the pay grade of E-6 since 28 September 1953.  It also verifies that he was also reduced to the rank of Sergeant/E-5 (SGT/E-5) on 19 July 1957 and reacquired the rank of SSG/E-6 through promotion on 15 November 1965. 

The applicant’s disciplinary history shows that on 21 September 1956, while serving as a MSG/E-7, he was convicted by a special court-martial of two violations of Article 111 of the Uniformed Code of Military Justice (UCMJ).  The first for operating a motor vehicle in a reckless manner and the second for operating a motor vehicle while drunk.  His sentence for these offenses included his reduction to the pay grade of E-6.  

The record contains no information or documents in regard to the applicant’s reduction to SGT/E-5 on 19 July 1957; however, the applicant’s DA Form 
20 clearly documents this action took place as a form of punishment for some incident of misconduct on the part of the applicant.

The DA Form 2339 (Application for Voluntary Retirement), prepared by the applicant, is on file in records.  This form verifies that he submitted his request for retirement on 27 March 1968, with a requested retirement date of 30 November 1968.  The appropriate authority approved his retirement request for 
30 November 1968, in the rank of SSG/E-6.

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 on the date of his retirement.  This document shows that he was separated, under the provisions of chapter 12, Army Regulation 635-200, by reason of length of service retirement.  In addition, at the time of his REFRAD he held the rank of SSG/E-6 and had completed a total of 20 years and 20 days of active military service.

On 21 June 2000, the Army Grade Determination Review Board (AGDRB) determined, based on the applicant’s conviction by special court-martial as a MSG/E-7, that his service in that rank and pay grade was not satisfactory, and they voted to deny his advancement on the Retired List to that grade. 

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 states, in pertinent part, that retired soldiers are entitled to, when their active service plus service on the retired list totals 30 years, to be advanced on the retired list to the highest grade they held and satisfactorily served in while on active duty.

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 concurs with the determination of the AGDRB that the applicant’s active duty service as an MSG/E-7 was not satisfactory and that he should not be advanced to that rank and pay grade on the Retired List.

2.  The evidence or record shows that, while serving as a MSG/E-7, the applicant was convicted by special court-martial for reckless driving and driving while drunk, which rendered his service in that rank and pay grade unsatisfactory.  Therefore, the Board finds that the applicant’s advancement to MSG/E-7 on the Retired List is not appropriate nor warranted.

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

__klw ___  __sac___  ___amc__  DENY APPLICATION

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

INDEX

CASE ID	AR2000038006	
SUFFIX		
RECON		
DATE BOARDED	2000/07/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/11/30	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900	
2.		
3.		
4.		
5.		
6.