MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:  AR2001056806

	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. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		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: In effect, that he be advanced on the Retired List to the pay grade of E-8.

APPLICANT STATES: In effect, that he served in positions calling for the pay grade E-8 after being recalled to active duty and was selected to be a first sergeant.  In support of his application, he submits of letters of appreciation, orders awarding him the Good Conduct Medal (4th Award), his Enlisted Qualification Record (DA Form 20), and a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD From 214), dated 10 July 1968.

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

The applicant entered the Army on 16 August 1949 and continuously served until being honorably released from active duty (REFRAD), for the purpose of retirement, on 30 November 1964.  At that time he had had completed 20 years and 7 days of active military service and held the rank of sergeant first class and pay grade E-6 (SFC/E6).  His separation document confirms that during this period of service he had been awarded the Good Conduct Medal (4th Award) and National Defense Service Medal with 1 bronze service star. 

On 11 July 1966, the applicant was recalled to active duty under the provisions of the Voluntary Recall Program for Retired Personnel, in the rank of SFC and the pay grade E-7.  He remained on active duty until 10 July 1968 when he was honorably REFRAD for the purpose of being returned to the Retired List.  On the day following his REFRAD he was transferred back to the Retired List, this time in the pay grade of E-7.  His record contains no suggestion that he was ever promoted to, held, or served in pay grade higher than E-7 while serving on active duty.

Title 10, United States Code, Section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which he served on active duty satisfactorily.  The term “highest grade in which he served on active duty satisfactorily” does not apply to a member who simply served in a position calling for a higher rank and pay grade, in order to meet the satisfactory service provisions of the law a member must have actually been promoted, paid, and served in the higher grade while on 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 evidence of record shows that the applicant was recalled to active duty in the rank of sergeant first class, pay grade of E-7, which is the highest rank to which he was actually promoted, paid as, and served in while on active duty.  Therefore, in accordance with the applicable statutory provisions he is not entitled to advancement to a higher grade on the Retired List.

2.  His contention that he should be advanced on the Retired List because he served in positions of higher rank during his military career is without merit. 
Service in a higher position does not provide a legal basis for advancement on the Retired List.

3.  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

__JNS__  __ MVT __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056806	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/24	
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.	129.07	
2.		
3.		
4.		
5.		
6.