MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 March 2001
	DOCKET NUMBER:   AR2000046065

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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)

THE APPLICANT REQUESTS:  That he be advanced on the retired list from sergeant first class (SFC) E-7 to master sergeant (MSG) E-8, effective 30 April 1971.

THE APPLICANT STATES:  That he was not advanced on the retired list at the time of his return to the United States Army Reserve (USAR) Control Group (Retired) in February 1982.

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

He first entered the Army in November 1942, serving as a personnel clerk and a teletype operator.  He attained the rank of private first class and was separated from active duty in February 1946.

In August 1948 the applicant returned to active duty in the Army serving as a teletype operator, company clerk and an administration specialist.  He attained the rank of staff sergeant (E-5) and was separated from active service in August 1951. He immediately reenlisted for another 6 years.  His duties during this period of active service included being an enlisted advisor and field recruiter.  He reenlisted twice again serving in a variety of assignments until his transfer to the USAR Control Group (Retired) on 1 December 1967. He attained the rank and pay grade of SFC E-7.

Special Orders Number 168, paragraph 275, Headquarters, Department of the Army, dated 25 August 1967, directed, under the provisions of Title 10 United States Code (USC), section 3914, relief of the applicant from active duty, reassignment to the USAR Control Group (Retired) and placed on the Army Retired List effective 1 December 1967.

On 21 May 1970 the Secretary of the Army (SA) ordered that the applicant be transferred from the Retired Reserve to the Ready Reserve with concurrent assignment to Headquarters and Headquarters Company (HHC), 489th Engineer Battalion.  The SA further directed the applicant to be again transferred to the Retired Reserve upon termination of his employment as a USAR technician.  The SA did not authorize retention in the Ready Reserve as an exception to mandatory removal requirements such as maximum age.

On 30 April 1971 the applicant was promoted in the Ready Reserve to the rank and pay grade of MSG E-8 with the same date of rank and effective date for pay.

On 2 November 1981 the applicant requested consideration for advancement on the Army Retired List to MSG E-8 concurrently with his transfer back to the USAR Control Group (Retired).  He indicated in his request that he had accumulated enough days of initial active duty for training, annual training and active duty for training, to add 2 years of active service.
Orders 14-184, Headquarters, 5th United States Army, dated 21 January 1982, relieved the applicant (USAR MSG E-8) from assignment to HHC, 489th Engineer Battalion and reassigned him to the USAR Control Group (Retired), in the grade of E-7, effective 12 February 1982.  This was a mandatory separation from active status in the USAR upon reaching the maximum age permitted.

Title 10 USC, section 1402a provides that a member of an armed force who has been retired or has become entitled to retainer pay, and who, thereafter, serves on active duty (other than for training), is entitled, upon release from that duty, to recompute his retired or retainer pay as follows: monthly basic pay or base and longevity pay, as the case may be, of the grade in which he would be eligible to retire if he were retiring upon that release from active duty.

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 retired as a SFC E-7 and was subsequently returned to the Ready Reserve by order of the SA.  While serving in this status he was promoted to the rank and pay grade of MSG E-8, and served as such for more than 
10 years.  However, he was not entitled to the grade E-8 at the time of his return to the Retired List on 12 February 1982 because all of his Ready Reserve duty was in a training status performed as a dual component requirement to keep his Federal civilian position.

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

__RWA__  __ALR__  __GJW___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046065	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
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.	136.00	
2.		
3.		
4.		
5.		
6.