MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 November 2000
	DOCKET NUMBER:  AR2000042392

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		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:  That he be given credit for the Sergeants Major Academy and be advanced on the retired list to sergeant major, pay grade E-9.

APPLICANT STATES:  That he attended the Senior Medical NCO Course that should be equivalent to the Sergeants Major Academy.  Additionally he was assigned on several occasions to sergeant major positions.  He submits copies of his military records in support of his application.

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

He enlisted and entered active duty on 9 January 1968.  He was trained as a medical specialist and remained in the medical career management field throughout his Army career.  He was promoted to the pay grade of E-8 effective 8 September 1983.

On 10 July 1990 the applicant requested voluntary retirement.  In his application he noted his highest grade held on active duty to be as a first sergeant, pay grade E-8.  His DA Form 3713 (Data for Retired Pay) also shows that his highest grade attained and his retired pay were in the rank and pay grade of E-8.

Effective 31 December 1990, the applicant was separated from active duty for length of service and transferred to the Retired Reserve in pay grade E-8.  He had 22 years, 11 months, and 22 days creditable service.

The applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he completed the Senior Medical NCO Course by correspondence in 1974 while serving in pay grade E-6.  He also completed the Medical NCO Advance Course in 1976 while serving in pay grade E-6.

He submits 4 copies of enlisted evaluation reports where he was cited for his performance of duty as acting sergeant major during absences of the sergeant major or during times when one was not assigned.  He also submits a copy of an assignment request where he was assigned to a sergeant major position in March 1988.

Information provided by the Total Army Personnel Command shows that he was considered for promotion to pay grade E-9 from 1987 through 1990 and not selected.  His records also show that the Sergeants Major Academy Selection Board considered him in 1990 but there is no indication that he was selected to attend the course.

The courses taught by the Academy of Health Sciences did not then, and do not now, include a course for Military Occupational Specialty 91Z or its’ equivalent.  Additionally, the Sergeants Major Academy course has been a requirement for pay grade E-9 since the mid-1970s.

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 applicant was considered but not selected for promotion to pay grade E-9 during his last four years of active duty prior to retirement.  Although he served as an acting sergeant major, he is not entitled to advancement on the retired list to pay grade E-9.

2.  The military education courses he completed were not equivalent to completion of the Sergeants Major Academy and he is not entitled to credit for completion of the Sergeants Major Academy.

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

___jp__  ___bl_____  __ot_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042392	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	118.00	
2.	131.09	
3.		
4.		
5.		
6.