MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 June 2000                   
	DOCKET NUMBER:   AR2000041690

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 Sergeant First Class (SFC), E-7 on the retired list.

APPLICANT STATES:  The applicant makes no additional statement.  Supporting evidence is as listed on the DD Form 149.

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

He served in the Regular Army from February 1948 through February 1952 and separated in pay grade E-4.  

USAEREC Form 3, Statement of Service, shows that the applicant served in the U. S. Army Reserve (USAR) from 30 June 1956 through 29 June 1959.  However, DA Form 20, Personnel Qualification Record, shows he served in the USAR from 30 June 1956 through 9 April 1962 and separated in pay grade E-7.  One Honorable Discharge Certificate on file shows he enlisted on 30 June 1956 and was discharged from the Ready Reserve in pay grade E-5 on 29 June 1956. Another Honorable Discharge Certificate on file shows he was discharged from the USAR in pay grade E-7 on 9 April 1962.  DA Form 1696, Enlistment Qualifying Application, shows he had inactive Federal service in the USAR from 30 June 1956 through 9 April 1962 and separated in pay grade E-7.

The applicant enlisted in the Regular Air Force on 10 February 1962 and was discharged on 9 February 1967 in pay grade E-4.  

The applicant enlisted in the Regular Army on 31 May 1967 in pay grade E-3.  He was promoted to E-5 on 19 November 1968.  

An Enlisted Evaluation Report (EER) for the period ending November 1976 shows the applicant’s rank as Specialist Five, E-5; his duty military occupational specialty (DMOS) as 82C20 (the “2” indicating an E-5 position); his duty position title as Chief Surveyor; and the authorized pay grade as E-7.

On 14 February 1978, the applicant applied for retirement.  The DA Form 2339, Application for Voluntary Retirement, does not reflect any of his USAR service.  He retired on 1 August 1978 in the rank and grade of Specialist Five, E-5.

Title 10, U. S. Code, chapter 369 governs retired grades.  Section 3964 provides that warrant officers and enlisted members may, when their active service plus their service on the retired list totals 30 years, be advanced on the retired list to the highest grade in which they served on active duty satisfactorily. 

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.  There is some confusion as to exactly when the applicant served in the USAR.  However, there is no evidence of record to show he served any period of time on active duty while in either pay grades E-6 or E-7.  

3.  While there is an EER that shows the applicant worked in an E-7 position (and even that is not verified by the DMOS shown on that EER), working in a higher graded position is not the same as being promoted to and serving in that higher grade.

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

__JHL___  __JNS___  __MHM___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041690	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.