MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 December 2000                   
	DOCKET NUMBER:   AR2000047955

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		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:  In effect, that his records be corrected to show his retired rank and grade as Sergeant First Class (SFC), E-7 and that he be paid   E-7 retired pay.

APPLICANT STATES:  That his Report of Separation from the Armed Forces of the United States, DD Form 214, and his Certificate of Retirement, DA Form 494, show his rank as SFC.

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

He was inducted into the Army on 2 September 1952.  He was promoted to the permanent rank of Private, E-2 on 2 January 1953; the temporary rank of Private First Class, E-3 on 14 May 1953; the temporary rank of Corporal, E-4 on             12 August 1953; the temporary rank of Sergeant, E-5 on 18 December 1953; and the temporary rank of SFC, E-6 on 26 December 1953.

On 29 February 1956, the applicant was permanently retired by reason of physical disability in the temporary rank of SFC, E-6.

The Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) confirmed that the applicant is being paid retired pay as a Staff Sergeant, E-6.

The enlisted grade structure of the Army from 1 July 1955 through 31 May 1958 was as follows:

	Pay Grade E-7 – Master Sergeant
	Pay Grade E-6 – Sergeant First Class and Specialist First Class
	Pay Grade E-5 – Sergeant and Specialist Second Class
	Pay Grade E-4 – Corporal and Specialist Third Class
	Pay Grade E-3 – Private First Class
	Pay Grade E-2 – Private 
	Pay Grade E-1 – Private 

On 1 June 1958, the top four enlisted grades were restructured as follows:

	Pay Grade E-9 – Sergeant Major
	Pay Grade E-8 – First Sergeant or Master Sergeant
	Pay Grade E-7 – Platoon Sergeant or Sergeant First Class
	Pay Grade E-6 – Staff Sergeant

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.  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.  At the time the applicant retired, the enlisted grade structure gave the rank title Sergeant First Class for soldiers in pay grade E-6.  The evidence of record shows that this was the rank and grade he held upon his retirement.  However, after he retired the enlisted grades were restructured and soldiers in pay grade E-6 were titled Staff Sergeant.  

3.  The evidence of record shows that the applicant is correctly being paid E-6 retired pay; however, because of the 1 June 1958 grade restructuring the rank title of Sergeant First Class for soldiers in pay grade E-6 ceased to exist.  The applicant’s retired rank is now properly titled Staff Sergeant.  

4.  The applicant did retire while holding the rank title Sergeant First Class.  However, due to automation systems (such as finance or identification card systems) that link the pay grade to the rank title these systems will automatically identify the applicant as a Staff Sergeant.  If the applicant is concerned about his identification card, he should ask his identification card issuing facility if they could/would manually enter his rank as Sergeant First Class.  He should show them supporting documentation such as his DD Form 214 or this Board action so they may verify he retired as a Sergeant First Class, E-6.  The applicant’s finance records will be amended to show he holds the honorary rank of Sergeant First Class, E-6.

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.
NOTE:  The Army Review Boards Agency, Support Division, will be directed to administratively amend the applicant’s finance records to show he holds the honorary rank of Sergeant First Class (pay grade E-6).

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jh____  __hof___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047955	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.