MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 October 2000
	DOCKET NUMBER:   AR2000040157

	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. Shirley L. Powell		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Jaime Perez		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 pay grade of 
E-8 on the Retired List.

APPLICANT STATES:  In effect, that he believes that he should have been promoted to the pay grade of E-8 upon his retirement in 1962 after almost 
26 years of active military service. 

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

On 31 August 1962, he was released from active duty (REFRAD) in the Regular Army after completing 25 years, 1 month, and 2 days of active military service.  At the time of his REFRAD he held the rank of Master Sergeant (MSG) and the pay grade of E-7.

The applicant’s Department of the Army (DA) Form 24 (Service Record) indicates in section I (appointments, promotions, or reductions) that he attained the rank of MSG, in the pay grade of E-7, on 27 July 1959.  There is no indication that he ever held or served in a higher pay grade while on active duty. 

The DA Form 2339 (Application for Voluntary Retirement) submitted by the applicant is on file in his service record.  This form verifies that on 19 June 1962 he requested a retirement date of 31 August 1962.  On 28 June 1962, the appropriate authority approved his requested retirement date, in the rank of 
MSG and the pay grade of E-7. 

The record contains a properly constituted Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer of Discharge), which was authenticated by the applicant with his signature.  This form confirms that he was separated, under the provisions of Title 10 of the United States Code, section 3914, by reason of length of service retirement.  It also verifies that on the date of his REFRAD he was serving in the pay grade of E-7, and that this was the pay grade in which he was placed on the Retired List.

Army Regulation 635-200 provides the authority for the separation of enlisted personnel.  Chapter 12 establishes the policy on the 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. Paragraph 12-6 (advancement on the Retired List) contains guidance on the advancement of soldiers on the Retired List, as provided for in Title 10 of the United States Code, section 3964.  It states that advancement on the Retired List is limited to retired soldiers who held and satisfactorily served in a higher pay grade while on active duty.  There are no provisions for advancement of individuals who held a different rank title if they were retired in the appropriate pay grade.  
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 evidence of record verifies that on the date of his REFRAD, 31 August 1962, the applicant held the rank of MSG and the pay grade of E-7, and that on the following day he was appropriately placed on the Retired List in that rank and pay grade.  

2.  By law and regulation, advancement on the Retired List is only authorized when a member has held and satisfactorily served in a higher pay grade while on active duty.  There is no evidence or record or independent evidence to show that the applicant ever served on active duty in a pay grade above E-7.  Thus, the Board finds no basis on which to support granting the requested relief in this case.  

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

___eja __  __jp ____  __slp____  DENY APPLICATION 

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

INDEX

CASE ID	AR2000040157	
SUFFIX		
RECON		
DATE BOARDED	2000/10/05	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1962/08/31	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900	
2.		
3.		
4.		
5.		
6.