MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 October 2000
	DOCKET NUMBER:   AR2000044124

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 records be corrected to reflect the pay grade of E-8.

APPLICANT STATES:  That he was promoted to master sergeant and held that rank for more than a year while serving in  the United States Army Reserve (USAR).  

In support of his application he submits ARPC Form 249-2-E (Chronological Statement of Retirement Points), a copy of his promotion orders to master sergeant, retirement orders assigning him to the USAR Control Group (Retired), and copies of his reassignment and attachment orders.

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

The applicant served honorably in the USAR from 3 February 1969 to 12 June 1995 with intermittent periods of annual and active duty for training.  His awards include the Army Commendation Medal, the Army Achievement Medal, the Army Reserve Component Achievement Medal (4th OLC), the Armed Forces Reserve Medal, the National Defense Service Medal (2nd Award) and the Drill Sergeant Badge.   

The applicant was promoted to pay grade E-8 on 18 October 1991.  In order to fill an existing vacancy in a troop program unit (TPU), the applicant was voluntarily reduced to pay grade E-7 on 25 September 1992.  He continued to serve in an active status in the USAR until he was transferred to the Army Reserve Control Group (Retired Reserve) in pay grade E-7, effective 12 June 1995.  He is in receipt of his “20-year letter,” notifying him of his eligibility for reserve retired pay at age 60.  The applicant will turn 60 on 9 October 2009. 

Army Regulation 135-180, which implements the statutory authorities governing the granting of retired pay to soldiers and former Reserve component soldiers, provides at chapter 2, paragraph 2-11(c) that the Retired Activities Directorate, U.S. Army Reserve Personnel Command (ARPERSCOM) will screen each retirement applicant’s records to determine the highest grade held by him or her during his/her military service.  The regulation further provides, pertinently, at paragraph 2-11c(2) that the retired grade of an enlisted member transferred to the Retired Reserve or discharged on or after 25 February 1975 will be the highest grade held while on active duty or in an reserve enlisted status for at least 185 days or 6 calendar months.  

The regulation also provides, pertinently, at paragraph 2-11c(3) that service in the highest grade will not be deemed satisfactory if, during the mandatory review by the ARPERSCOM, it is determined that revision to a lower grade was expressly for prejudice or cause, due to misconduct or punishment pursuant to Article 15, Uniform Code of Military Justice or court-martial or there is information in the member’s service record to indicate clearly that the highest grade was not served satisfactorily.  

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

1.  The Board notes that the applicant voluntarily accepted a reduction in rank to pay grade E-7 to fill a vacancy in a TPU and remained at the pay grade E-7 until his transfer to the USAR Control Group (Retired). 

2.  The applicant’s transfer to the Retired Reserve in pay grade E-7 was correct. 

3.  Upon submission of his application for retirement at age 60, the Retired Activities Directorate, ARPERSCOM will review the applicant’s records to determine his highest grade satisfactorily held for the purpose of retired pay.  Since he held the grade of E-8 for more than 6 months and was not reduced for cause, it appears most likely that his retired pay will be based upon that grade.  If, in fact, it is determined upon receipt of his application for retirement that he did not satisfactorily serve in that grade, he may re-petition the Board 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

__MKP__  __JTM___  __ESC__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044124	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	( DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.00	
2.		
3.		
4.		
5.		
6.