MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000040699

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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, advancement on the Retired list to the rank of Master Sergeant (MSG). 

APPLICANT STATES:  In effect, that he was promoted to the rank of MSG in the pay grade of E-7 and that he was voluntarily recalled to active duty on 17 June 1968 with the understanding that he would not be promoted.  However, his rank was changed to that of a Sergeant First Class (E-7) and he was never informed that he would lose a stripe.  He goes on to state that his goal upon entering the Army in 1949 was to attain the rank of MSG and he desires to have his rank restored.

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

He initially enlisted in the Marine Corps on 29 August 1941 and served until he was honorably released from active duty (REFRAD) on 20 October 1945 and was transferred to the Marine Corps Reserve (USMCR).  He remained in the USMCR until he was honorably discharged on 28 November 1949 for the purpose of enlisting in the Regular Army. 

He enlisted in the Regular Army on 29 November 1949 and remained on active duty through a series of continuous reenlistments.  He was promoted to the rank and pay grade of MSG E-7 on 26 September 1952.

On 15 July 1965 he submitted a Voluntary Application for Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 31 October 1965.  He indicated at that time the highest rank he had served was that of MSG E-7.  His request was approved and he was honorably REFRAD on 31 October 1965 and was placed on the Retired List in the rank of MSG E-7.  He had served 20 years and 21 days of total active service.

On 3 May 1967 he submitted a request for recall to active duty.  His request was approved on 23 January 1968 with an effective date of recall of 17 June 1968.

He served until 31 January 1973 when he was REFRAD and was transferred back to the Retired list in the rank of SFC E-7.  He had served 24 years, 8 months, and 6 days of total active service.

On 1 June 1958 the Army reorganized its enlisted rank structure by changing the rank and pay grade of MSG E-7 to the rank and pay grade of MSG E-8 and the rank of SFC E-6 to SFC E-7.  As part of the conversion, personnel who were promoted to the ranks of MSG/E-7 and SFC/E-6 prior to 1 June 1958 were allowed to retain their titles until such time as they were separated from the service in one form or another or were reduced in grade.

Title 10, United States Code, 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.  Although the Army did change the enlisted rank structure prior to the applicant’s initial REFRAD and grandfathered him up until that date, the conversion did not affect his pay grade or date of rank at that time or any time subsequent to the conversion.  Inasmuch as the conversion affected everyone in the Army who held the ranks/pay grades at the time, the Board finds that no error or injustice has occurred in this matter.

3.  While it is true that the actual number of stripes for a SFC is one less than that of a MSG, the fact remains that the pay for an E-7 remained unchanged.  Furthermore, since Retired pay is tied to the pay grade and since the systems that support the Retired pay system as well as the Defense Eligibility Enrollment Reporting System (DEERS) do not recognize the rank of MSG when it is associated with the pay grade of E-7, the Board finds that there is no basis to convert him back to the rank of MSG/E-7 or to promote him to the rank of MSG/E-8, a pay grade he has never held. 

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

__fe ____  ___tsk __  ___wdb__  DENY APPLICATION

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

INDEX

CASE ID	AR2000040699	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/02	
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.