MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 September 2000 
	DOCKET NUMBER:   AR2000038463

	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:

	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 provided the difference in retired pay between the rank and pay grade of Master Sergeant/E-7 (MSG/E-7) and Warrant Officer Junior Grade/W-1 (WOJG/W-1) from June 1946 to May 1967. 

APPLICANT STATES:  In effect, that he was discharged from the Regular Army in June 1946 as a WOJG/W-1 and on 20 June 1946 immediately reenlisted as a MSG/E-7.  He claims that he should be compensated for the difference in pay from that period June 1946 to May 1967 when he was reinstated to the pay grade of W-1.

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

On 25 May 1943, he entered the Army of the United States (AUS) and served on active duty for 3 years and 25 days until he was separated on 19 June 1946, in the rank of WOJG/W-1, by reason of demobilization.  

On 20 June 1946, he voluntarily enlisted in the Regular Army in an enlisted status as a MSG/E-7.  He served in this capacity until 31 July 1961 when 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.  

The evidence or record includes a Department of the Defense (DD) Form 214 
(Armed Forces of the United States Report of Transfer or Discharge) issued to and authenticated by the applicant, with his signature, on 31 July 1961.  This document shows that he was REFRAD, by reason of length of service retirement, after completing a total of 24 years, 2 months, and 27 days of active military service.  It also verifies that on the date of his REFRAD the applicant held the rank of MSG/E-7 and that on the following day he was placed on the Retired List in that rank and pay grade. 

On 9 May 1967, the Office of the Adjutant General (OTAG) published  Department of the Army (DA) Special Order 91, which advanced the applicant to the rank and pay grade of WOJG/W-1 on the Retired List, effective 4 May 1967, under the provisions of Title 10 of the United States Code, section 3964.

Title 10 of the Untied States Code, section 3914 provides the legal authority for enlisted members who have at least 20, but less than 30, years of service to retire upon their request.  Section 3961 of Title 10 provides the general rule for the assignment of a retired grade and states, in pertinent part, that a Regular Army member who retires other than for physical disability retires in the grade they hold on the date of retirement.  

Title 10 of the United States Code, section 3964 contains the legal authority for advancement on the Retired List.  It states, in pertinent part, that an enlisted member who is retired with less than 30 years of active service is entitled, when their active service plus their service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which they served on active duty satisfactorily 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 Board noted the applicant’s contention that, in effect, he should be provided back pay and allowances in the pay grade of W-1 from June 1946 through May 1967.  However, the Board finds no basis in law or regulation that would support granting the requested relief. 

2.  The evidence or record shows that the applicant’s active service as a WOJG/W-1 was terminated by reason of demobilization on 19 June 1946 and on 20 June 1946 he voluntarily enlisted in the Regular Army in an enlisted status as a MSG/E-7 and served in that status and pay grade until his retirement on 
31 July 1961.  

3.  By law, a member of the Regular Army who is retired for a reason other than for physical disability is placed on the Retired List in the grade they hold on the date of their retirement.  Therefore, the Board finds that the applicant upon his REFRAD, by reason of length of service retirement, was properly placed on the Retired List as a MSG/E-7.

4.  On 4 May 1967, based on his satisfactory service in that rank and pay grade, the applicant was advanced to WOJG/W-1 on the Retired List.  Given this action, under the law, the applicant received appropriate consideration and compensation for his prior satisfactory service as a WOJG/W-1.  Therefore, the Board concludes that he is entitled to no further relief based on his service in that rank and pay grade. 

5.  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.

6.  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	AR2000038463	
SUFFIX		
RECON		
DATE BOARDED	2000/09/07	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1961/07/31	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900	
2.  310	131.0000	
3.		
4.		
5.		
6.