MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 July 2001
	DOCKET NUMBER:   AR2001057039

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 pay grade be changed from E-4 to E-5.  

APPLICANT STATES:  In effect, that orders changing his pay grade from E-4 to E-5, dated 1 October 1971, showing his promotion were not received to change his rank until after he was discharged.  In support of his application, he provides the enclosed appointment order, published on 1 October 1971.

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

He served on active duty in the Regular Army for 2 years, 11 months, and 
15 days, from 17 February 1969 to 31 January 1972, at which time he was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group, Reinforcement (IRR).

The separation document (DD Form 214), issued to the applicant on the date of his REFRAD, confirms that on that date he held the rank and pay grade of specialist four/E-4 (SP4/E-4).  His Enlisted Qualification Record (DA Form 20) confirms that he was promoted to the rank and pay grade of SP4/E-4 on 
8 September 1970, and that this was the highest rank and pay grade he attained while serving on active duty.  

In addition, there are no documents on file in the applicant’s Military Personnel Records Jacket (MPRJ) that give any indication that he ever held or served in a rank and pay grade above SP4/E-4.  The last promotion order in the MPRJ, dated 11 September 1970, authorized his promotion to SP4/E-4, effective 
8 September 1980.  The applicant provides a copy of an appointment order, dated 1 October 1971, which authorized his appointment as an acting noncommissioned officer (NCO) in the grade E-5.  

Upon his REFRAD the applicant was transferred to the USAR IRR and on 
2 May 1973, he was transferred to a USAR Troop Program Unit (TPU).  The order authorizing this transfer indicates that at that time he held the rank and pay grade of SP4/E-4.  On 16 February 1975, he was honorably discharged from the USAR at the expiration of his term of service.  On the date of his discharge he still held the rank and pay grade of SP4/E-4.

Army Regulation 600-200, in effect at the time, prescribed policies, responsibilities, and procedures for the career management of Army enlisted personnel.  Chapter 7 contained enlisted promotion policy and paragraph 7-10 provided unit commanders the authority to appoint individuals as acting NCOs.  However, paragraph 7-10d specifically stated, in pertinent part, that acting NCOs were not entitled to pay and allowances for such higher grades, and that service would not be credited as time in a higher grade for promotion or date of rank purposes.  
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 Board notes the applicant’s contention that his grade should be changed from E-4 to E-5.  However, while the regulation, in effect at the time, authorized unit commanders to appoint individuals as acting NCOs, it clearly stipulated that these appointments did not authorize pay and allowances in the higher grade and would not be credited for promotion and date of rank purposes.  

2.  Notwithstanding the valid appointment order provided by the applicant, which confirms he was appointed an acting NCO, it is clear from the evidence of record that the highest rank and pay grade he attained while serving on active duty was SP4/E-4.  Further, it is also clearly established that SP4/E-4 was the highest rank he held in the USAR subsequent to his REFRAD.  Therefore, the Board finds the requested relief is not warranted. 

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

__WTM  _  __AAO __  __JTM__   DENY APPLICATION

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

INDEX

CASE ID	AR2001057039	
SUFFIX		
RECON		
DATE BOARDED	2001/07/31	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1972/01/31	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  803	144.9213	
2.		
3.		
4.		
5.		
6.