MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             7 December 2000
	DOCKET NUMBER:   AR2000043120

	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	
	Ms. Maria C. Sanchez		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. John P. Infante		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:  Advancement on the Retired List to the pay grade 
E-9.

APPLICANT STATES:  That at the time of his retirement he served as a Sergeant Major.

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

He enlisted in the Regular Army on 17 June 1935 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 September 1951 and on 
1 September 1957 was appointed to the rank of master sergeant/E-7 (permanent).

On 26 June 1957 he submitted an application for retirement (DD Form 210) under Army Regulation 635-230, paragraph 5.  It is 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 on 12 July 1957 and was released from active duty and was transferred to the USAR Control Group (Retired) in the pay grade E-7, effective 31 August 1957.  He had served 20 years and 9 months of total active service.

A review of his Official Military Personnel File (OMPF) fails to show that he was ever promoted to or served in the rank of Sergeant Major.

On 1 June 1958 the enlisted grade structures were revised to include the pay grades of E-8 and E-9.  Prior to that date, the highest enlisted pay grade was that of a master sergeant/first sergeant E-7.

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, and advisory opinion(s), 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 selected for promotion or 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 at this time.

3.  It is noted that the applicant was retired in the highest enlisted pay grade that existed at the time of his placement on the retirement list.  Therefore, he could not have been promoted to that pay grade because it did not exist at that time.

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

__rvo ___  __ewl___  __jpi ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043120	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/07	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1957/08/31	
DISCHARGE AUTHORITY	AR 635-230	
DISCHARGE REASON	retirement	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/adv on ret list	
2.		
3.		
4.		
5.		
6.