MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:   AR2000039366

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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:  Advancement on the Retired List to the rank of Sergeant First Class (SFC).

APPLICANT STATES:  In effect, that he held the rank of SFC on active duty from 1951 to 1954 and should be advanced to that rank on the Retired List because he was also a prisoner of war in 1945.

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

He was inducted on 15 July 1943 and was transferred to the European Theater of Operation (ETO).  He was captured in France on 2 January 1945 and remained a Prisoner of War (POW) until his release on 25 May 1945.  As a result of his POW designation he was promoted to the rank of Private First Class (PFC) under Projects “P&R” on 25 September 1945.  He served on active duty until he was honorably discharged on 30 November 1945.

He enlisted in the Regular Army on 8 January 1948 and was promoted to the rank and pay grade of SFC E-6 on 1 October 1951.  He remained on active duty until he was discharged on 13 May 1954.

He enlisted in the United States Army Reserve (USAR) on 18 June 1957 and continued to serve in the USAR through a series of continuous reenlistments.

On 20 December 1968, the applicant was issued a Notification of Eligibility for Retired Pay at age 60 (20-year letter) while serving in the rank and pay grade of SSG/E-6.  

On 16 May 1985 (his 60th birthday), the applicant was transferred to the Retired List in the rank and pay grade of Staff Sergeant (SSG) E-6. 

During the period of 1 August 1948 to 31 May 1958, the rank of SFC served as the title for the pay grade of E-6.  Effective 1 June 1958, the rank of SSG was designated as the rank of E-6 and the rank of SFC was designated as the pay grade of E-7.  Personnel who were serving in the rank of SFC at the time were converted to the rank of SSG/E-6 and that rank structure has continued to date.

There is no indication in the available records to show that the applicant was ever promoted above the pay grade of E-6.

Title 10, United States Code, Section 3964, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held on active duty, as determined by the Secretary of the Army, upon completing 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

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.  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.

2.  While the Board concedes that the applicant did in fact serve in the rank of SFC, at the time he served in that rank it was designated as the rank for the pay grade of E-6.  Personnel (to include the applicant) who held the rank of SFC at the time the ranks were restructured were redesignated as a SSG/E-6.

3.  Inasmuch as there is no provision to advance an individual on the Retired List to a pay grade they never successfully held, there is no basis to do so at this time.

4.  The Board also concedes that the applicant was a POW during World War II; however, he received his promotion to the rank of PFC at the time for the time he spent as a POW and is not entitled to further promotion as a result of that status.

5.  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

__emw __  ___rvo __  ___dh___  DENY APPLICATION

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

INDEX

CASE ID	AR20000389366	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/09/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV ON RET LIST	
2.		
3.		
4.		
5.		
6.