MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:   AR2001057773

	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 pay grade E-8.

APPLICANT STATES:  In effect, that he served in an E-8 position as a first sergeant in a combat command position.  He states that because of his current health problems and record of service favorable consideration should be given to his request for advancement on the Retired list to pay grade E-8.  In support of his application, he submits a copy of his Enlisted Qualification Record (DA Form 20), two enlisted efficiency reports (EERs), three Armed Forces of the United States Reports of Transfer or Discharge (DD Form 214), a copy of his certificate of retirement, and associated medical and educational documents.

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

On 28 February 1974, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing a total of 20 years, 1 month, and 25 days of active military service.  His record shows that during his active duty tenure he served in military occupational specialty (MOS) 31G (Tactical Communication Chief) and earned the Meritorious Service Medal; Bronze Star Medal; Good Conduct Medal (4th Award); Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal; and Republic of Vietnam Campaign Medal with 60 Device.  In addition, it confirms that the highest rank and pay grade he attained while serving on active duty was sergeant first class/E-7.

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.  In order to meet the satisfactory service provisions of the law a member must have actually been promoted to, be paid as, and served in the higher rank and pay grade while on active duty.  Serving in a position calling for a higher pay grade alone does not satisfy the satisfactory service provision of the law. 

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 placed on the Retired List in the rank and pay grade of sergeant first class/E-7, which is the highest rank and pay grade to which he was actually promoted, paid as, and served in during his active duty tenure.  Therefore, he is not entitled to advancement to a higher grade on the Retired List in accordance with the applicable statutory provisions of the law.
2.  The Board wishes to congratulate and thank the applicant for his 20 years, 
1 month, and 25 days of outstanding service to his country.  However, his current health problems and his outstanding service do not provide a sufficient legal or regulatory basis for his advancement on the Retired List. 

3.  In addition, by law and regulation, service in a higher position alone does not qualify for advancement on the Retired List nor does it serve as a basis for changing the applicant’s retired grade.  Thus, the Board is compelled to deny the requested relief. 

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.

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	AR2001057773	
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.	129.04	
2.		
3.		
4.		
5.		
6.