MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 October 2001            
	DOCKET NUMBER:   AR2001056997

	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. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor 		Chairperson	
	Mr. Donald P. Hupman 		Member	
	Ms. Regan K. Smith 		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 from command sergeant major/E-9 (CSM) to captain/0-3 (CPT).

APPLICANT STATES:  That he served as a dual component officer from July 1974 to January 1985.  He states that an e-mail from the Army Reserve Personnel Command (AR-PERSCOM) indicates that his records show him as a CPT/0-3 in the Army of the United States (Retired).  

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

The applicant entered active duty on 15 February 1961.  He remained on active duty through continuous reenlistments until he retired in the rank of CSM/E-9 on 
31 January 1985.

On 17 July 1974 the applicant was appointed as a first lieutenant in the U.S. Army Reserve (USAR) and promoted to CPT/0-3 in the USAR on 5 August 1979. However, the applicant was not called to active duty as a commissioned officer.  

In support of his claim, the applicant provided a copy of an e-mail, dated 30 April 2001, from an Assistant Operations Officer at AR-PERSCOM.  This e-mail states “Our records indicate your [sic] are AUS retired or in other words have an active duty retirement as a CPT”. 

Under the provisions of Army Regulation 600-39, the Dual Component Program provided for individuals serving in the Regular Army in an enlisted or warrant officer status to hold a commission in the Army Reserve.

Title 10, United States Code, section 1370(d) provides that in order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander, an individual must have served satisfactorily in that grade as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six consecutive months.

Tile 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, (or, in the case if a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army. 

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.  Notwithstanding the AR-PERSCOM e-mail provided by the applicant in support of his claim, evidence of record shows that the applicant was appointed as a CPT/0-3 in the USAR on 5 August 1979 and retired as a CSM/E-9 on 
31 January 1985.

2.  The record further verifies that the applicant’s promotion to CPT/0-3 was in the USAR and attained while he was serving on active duty in the Regular Army in an enlisted status as part of a dual component program.  It also clearly establishes that he never served on active duty in the rank and pay grade of CPT/0-3.  

3.  The Board found no evidence that the applicant served six consecutive months on active duty as a CPT/0-3 to be eligible for advancement on the retired list in accordance with statutory provisions.  Therefore, the applicant is not entitled to have his retired rank of CSM/E-9 changed to CPT/0-3.

4.  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.

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

RVO____  DPH____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001056997	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.0900	
2.		
3.		
4.		
5.		
6.