MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 July 2000
	DOCKET NUMBER:  AR2000043728

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Stanley Kelley		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 his retirement rank be corrected to show Staff Sergeant, the highest rank in which he served.

APPLICANT STATES:  That he understood while in the service that he would retire with the highest grade that he had held, regardless of his rank at the time of retirement.  He references an article in the Army Echoes concerning advancement on the retired list.  The article states that after active service plus service on the retired list equals 30 years, enlisted members can be advanced to the highest grade in which they served satisfactorily.  He also includes a copy of his 17 May 1948 Staff Sergeant promotion certificate and copies of his discharges.

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

That he was inducted into the Army of the United States on 19 January 1943 and entered active duty on 26 January 1943.  He advanced through the ranks to 
Staff Sergeant (S Sgt), pay grade 3, on 15 March 1944.  He was honorably discharged by reason of demobilization on 31 January 1946 as a S Sgt, pay grade 3.

After a break in service, the applicant enlisted in the Regular Army in the rank of S Sgt, pay grade 3, on 10 September 1947.  On 1 August 1948, the enlisted rank structure was changed.  The rank of S Sgt for pay grade 3 was replaced with the rank of Sergeant (Sgt) for pay grade 3.  On 24 September 1949, the applicant was reduced to Private, pay grade 6.  On 1 October 1949, the enlisted pay grade structure was changed.  The pay grade term for a Private was changed from pay grade 6 to pay grade E-2.  (The Sgt pay grade 3 was changed to pay grade E-5.) Following the applicant’s reduction to Private, he was advanced to the rank of Corporal (Cpl) (T-temporary rank), pay grade E-4.  He was honorably discharged at the Expiration of Term of Service (ETS) on 10 September 1952 at the rank of Cpl (T), pay grade E-4.  The highest rank and grade in which the applicant served between 10 September 1947 and 10 September 1952 was 
S Sgt, pay grade 3, converted to Sgt, pay grade 3 (pay grade 3 later being converted to pay grade E-5.)

After a second break in service, the applicant reenlisted in the Regular Army in the rank of Private (P - permanent rank), pay grade E-2, on 9 December 1955.  He served continuously from this enlistment date until his voluntary retirement on 
31 December 1967 with 20 years and 24 days of total active service.  He was retired at the rank of Specialist 5 (SP5) (P), pay grade E-5.  The highest rank and grade in which the applicant served between 9 December 1955 and 
31 December 1967 was SP5 (P), pay grade E-5.

An 8 March 2000 Army Grade Determination Review Board (AGDRB) erroneously determined that the applicant’s 30-year grade was E-6.  When this 

error was discovered, the applicant’s case was re-boarded by the AGDRB on 
21 June 2000 and the 30-year grade determination was corrected to E-5 as the highest grade in which the applicant had served.  The AGDRB determined that the applicant had never been promoted to E-6.

United States Code, Title 10, section 3964, “higher grade after 30 years of service for warrant officers and enlisted members,” states that, “each retired member of the Army covered by subsection (b) who is retired with less than 
30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.  (b) This section applies to - (1) warrant officers of the Army; (2) enlisted members of the Regular Army; and (3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).”

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:

1.  The highest grade (pay grade) in which he served during his career was E-5, the same grade in which he was retired and is on the retired list.  He was never promoted to the pay grade E-6.

2.  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

__tk____  __jk___  __sk____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043728	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131.09	Advancement in Grade	
2.		
3.		
4.		
5.		
6.