MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 March 2001
	DOCKET NUMBER:   AR2001053334

	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	
	Ms. Lisa O. Guion		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		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:  Advancement on the Retired List to the rank of captain (CPT), pay grade O-3.

APPLICANT STATES:  In effect, that he was a dual component officer at the time he retired from active duty.  He further states that pertinent regulations at the time of his retirement stated that once an individual reached 30 years of combined active and reserve service, that individual would revert to his highest grade held for pay purposes.

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

He enlisted in the Regular Army on 27 August 1969 for a period of two years.  Having served 10 months and 13 days, the applicant was discharged for the purpose of accepting a commission in the United States Army Reserve (USAR) on 9 July 1970.  He attained the rank of specialist five (SP5/E-5).

On 10 July 1970 the applicant was commissioned a second lieutenant and concurrently called to active duty.  He was promoted to first lieutenant on
3 November 1971.  On 10 March 1972, he completed his active duty commitment and was honorably released from active duty and transferred to the USAR Control Group (Annual Training).

The applicant reenlisted in the Army in the rank of staff sergeant (SSG/E-6) on 20 September 1972.  His military occupational specialty was Light Weapons Infantryman until he later reclassified into the Recruiting/Retention field.  He retained his commission in the USAR.

His awards include the National Defense Service Medal, the Army Achievement Medal, the Good Conduct Medal, the Army Commendation Medal, the Meritorious Service Medal, the United States Army Basic Recruiter Badge and the United States Army Gold Recruiter Badge.

On 9 July 1976, the applicant was promoted to CPT (O-3), USAR.  The record further shows he received officer evaluation reports as a captain through 30 April 1987.

He remained on active duty through a series of continuous reenlistments and was promoted to the rank of sergeant first class (SFC/E-7) on 27 May 1981.  He retired in that grade on 1 September 1991, having completed a total of 21 years, 5 months, and 25 days active service.

On 20 February 2001, the Army Grade Determination Review Board (AGDRB) denied the applicant advancement to CPT on the retired list because he did not serve as a captain while on active duty. The AGDRB determined the highest grade in which he served satisfactorily for the purpose of computation of retired pay was first lieutenant.

Title 10, United States Code, section 3964, provides, in pertinent part, that enlisted personnel who retired with less than 30 years of active service are entitled, when their active service plus their service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily, as determined by the Secretary of the Army.

Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Reserve Medal (AFRM) is awarded for honorable and satisfactory service as a member or former member of one or more Reserve Components of the Armed Forces of the United States.  Such years of service must have been performed within a period of 12 consecutive years.  Service in a Regular Component of the Armed forces, including the Coast Guard, is excluded except that service in a Reserve Component which is concurrent in whole or in part with service in a regular component will be included, such as a Regular Component enlisted soldier with a Reserve Commission.

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.  Although the applicant was promoted as a Reserve commissioned officer to the rank of CPT, pay grade O-3, he did not serve on active duty in that grade and therefore cannot be advanced on the retired list to that grade.

2.  The Board is inclined to agree with the AGDRB’s decision to advance the applicant on the retired list to first lieutenant (O-2), the highest grade he held satisfactorily on active duty.

3.  The Board noted that the applicant served honorable and satisfactorily in a Reserve component for more than ten years and is therefore eligible for award of the AFRM.

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.

NOTE 1:  The Army Reserve Personnel Command, ATTN:  ARPC-PSP-T will determine the date the applicant became eligible for advancement on the retired list.  Once that date has been determined, the ARPC-PSP-T will notify both the retiree and the Defense Finance and Accounting Service-Cleveland Center as outlined in the AGDRB determination dated 21 February 2001.

NOTE 2:  That all of the Department of the Army Records related to this case, particularly the DD Form 214 of the individual concerned, be corrected to show award of the AFRM for the period from 10 July 1970 to 9 July 1980.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_FNE___  __RJW___  __WDP___  DENY APPLICATION

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

=

INDEX

CASE ID	AR2001053334	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
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.	129.04	
2.		
3.		
4.		
5.		
6.