MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 November 2000
	DOCKET NUMBER:   AR2000042458

	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. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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 promoted to the pay grade of E-8 effective 1 April 1951 and that he be placed on the Retired List in that pay grade retroactive to the date of his retirement.

APPLICANT STATES:  In effect, that he should have been promoted to the pay grade of E-8 in April 1951 when he was assigned to perform the duties of a first sergeant (E-8) until November 1952.

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

He enlisted in the Enlisted Reserve Corps (now known as the United States Army Reserve) on 28 July 1940 and entered active duty on 8 January 1941.  He reenlisted in the Regular Army on 29 November 1945 and remained on active duty through a series of continuous reenlistments.  He was promoted to the rank and pay grade of master sergeant E-7 (temporary) on 29 November 1951 and on 21 April 1960 was appointed to the rank of sergeant first class/E-7 (permanent).

On 24 April 1962, he submitted an Application for Voluntary Retirement (DA Form 2339) whereas, he requested retirement by reason of length of service to be effective 1 August 1962.  He indicated at that time that the highest pay grade he had served in while on active duty was the pay grade of E-7.

His application was approved and he was released from active duty on 31 July 1962 and was transferred to the Retired List in the pay grade of E-7, effective 1 August 1962.  He had served 21 years, 6 months and 23 days of total active service.

A review of his Official Military Personnel File (OMPF) fails to show that he was ever promoted to the pay grade of E-8.  However, it does show that he served as a first sergeant from March 1951 to October 1952 while stationed in the Canal Zone.  

On 1 June 1958, the Army underwent a conversion of pay grades for enlisted personnel.  Prior to that conversion, the highest enlisted pay grade was that of a master sergeant/E-7.  Effective 1 June 1958, the rank of master sergeant/E-7 became sergeant first class/E-7 and personnel who were promoted to that pay grade prior to 31 March 1958 were allowed to retain the titles they held until such time as a promotion, reduction or separation action occurred.

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held while on active duty, as determined by the Secretary of the Army, upon completion 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.  In order to be advanced to a higher grade on the Retired List, the applicant must have at some time been advanced to a higher grade prior to his being placed on the Retired List.  The applicant has not submitted evidence with his application, and the evidence of record does not contain any evidence to show that he was ever promoted to a higher grade than he held at the time of retirement.  Therefore, there is no basis to promote him to a higher grade or to advance him on the Retired List.

3.  While the Board understands his desire to receive a promotion for his duties as a first sergeant, at the time he performed those duties, a first sergeant was an E-7 and he was never promoted above that rank.  The Board notes that there are no provisions for advancing someone on the Retired List to a grade in which they have not previously held or had not satisfactorily served in.  Accordingly, the Board finds no error or injustice on the part of the Department in this case.

4.  Additionally, the Board does not find it appropriate, given the passage of time and the lack of available information to try and determine if in fact the applicant was denied a promotion as a result of error or injustice.  Therefore, since the applicant has failed to show that he was unjustly denied a promotion, the Board must presume that the actions taken by the Department at the time were in accordance with applicable regulations.

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

___ja ___  __mes __  __wtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042458	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV TO HIGH GRD	
2.		
3.		
4.		
5.		
6.