MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          8 March 2001
	DOCKET NUMBER:   AR2000047802

	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:

	Mr. Roger		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 advanced on the retired list to pay grade E-9.

APPLICANT STATES:  That he should be advanced to pay grade E-9 due to his 42 years and 10 months of honorable service.  Also, he served in pay grade E-9 positions during his military service.  In support of his application he submits a copy of the order placing him on the retired list effective 5 June 1999.

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

The applicant served honorably in the USAR through intermittent periods of annual and active duty for training.  He was placed on the retired list 5 June 1999 in pay grade E-8 and is in receipt of retired pay.

The file indicates E-8 was the highest pay grade the applicant held during his military service.

In the processing of this case an advisory opinion was obtained from the Retirement and Annuities Branch, US Army Reserve Personnel Command (ARPERSCOM).  It opined that Title 10 USC chapter 71, section 1406 (a) (2) specifies that a soldier will be retired in the highest grade held.  Also, that the applicant did not hold the rank of sergeant major as a result of a promotion board and served in the position of command sergeant major during his temporary absence.  ARPERSCOM recommended that the applicant’s request be denied.

A copy of the advisory opinion was provided to the applicant for comment.  The  applicant provided no response.

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.

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.  A review of the applicant’s file revealed no orders promoting him to a higher pay grade. 
2.  The applicant submitted his application for retirement to the Retired Activities Directorate, ARPERSCOM to determine his highest grade satisfactorily held for the purpose of retired pay.  The Retired Activities Directorate, ARPERSCOM reviewed the applicant’s records and determined that his highest grade satisfactorily held was E-8. 

3.  The applicant retired in the highest pay grade he held satisfactorily in accordance with statutory provisions.

4.  Service in a higher position does not qualify for advancement on the retired list nor does it serve as a basis for changing the applicant’s retired grade.

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

___RA___  __BJL__  __WDP___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047802	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010308	
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.		
2.		
3.		
4.		
5.		
6.