MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 October 2001
	DOCKET NUMBER:   AR2001059540

	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. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 that he be promoted and advanced on the Retired List to the rank and pay grade of sergeant first class/E-7 (SFC/E-7).

APPLICANT STATES: In effect, that he was the acting senior drill instructor at Fort Bliss, Texas, and was placed on the local recommended promotion list for SFC/E-7.  He states that upon his transfer to Korea no promotion was available and he was informed that he would be promoted to SFC/E-7 on the next promotion list.  He further states that his Enlisted Efficiency Reports (EERs) substantiate his qualifications for his promotion to SFC/E-7.  In support of his application, he submits copies of his EERs, a retirement order, and his separation document (DD Form 214).

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

On 31 October 1976, he was honorably released from active duty (REFRAD), for the purpose of retirement after completing a total of 20 years, 1 month, and 
6 days of active military service. 

The DD Form 214, issued to and signed by the applicant on the date of his separation, confirms that he held the rank of staff sergeant/E-6 (SSG/E-6) and was serving in military occupational specialty (MOS) 76Y (Unit Organization Specialist) at the time of his REFRAD.  It also shows that during his active duty tenure he earned the following awards: Armed Forces Expeditionary Medal; Good Conduct Medal (6th Award); and National Defense Service Medal. 

The applicant’s Personnel Qualification Record (DA Form 2-1) and Data For Retired Pay (DA Form 3713) both show that the highest grade he attained while serving on active duty was SSG/E-6.  In addition, there are no documents contained in the applicant’s Military Personnel Records Jacket (MPRJ) that suggests he was ever selected for promotion to SFC/E-7 or on a Department of the Army promotion standing list during his active duty tenure. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 sets policies and procedures for voluntary retirement of soldiers because of length of service.  Paragraph 12-3b states, in pertinent part, that retirement will be in the regular or reserve grade the soldier holds on the date of retirement as directed in Title 10 of the United States Code, section 3961 (10 USC 3961). 

Paragraph 12-6 (Advancement on the Retired List) contains guidance on the advancement of soldiers on the Retired List.  It states, in pertinent part, that retired soldiers are entitled to, when their active service plus service on the retired list totals 30 years, to be advanced on the Retired List to the highest grade they held and satisfactorily served in 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 Board notes the applicant’s contention that he was on a recommended promotion list and should be promoted and advanced on the Retired List to the rank and pay grade of SFC/E-7.  However, the Board finds the evidence of record and the independent evidence provided by the applicant does not provide an evidentiary basis to support this claim.  

2.  The evidence of record gives no indication that the applicant was ever selected for, on a promotion standing list to, or actually held the rank and pay grade of SFC/E-7 while on active duty.  It further confirms that he held and was placed on the Retired List in the rank and pay grade of SSG/E-6 which is the highest rank he was actually promoted to and held while on active duty.  Thus, in accordance with the applicable law and regulation he is not entitled to a promotion or advancement on the Retired List to SFC/E-7 and the Board concludes that the requested relief is not warranted. 

3.  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.

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

__FNE__  __MHM__  __BJE __  DENY APPLICATION

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

INDEX

CASE ID	AR2001059540	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/18	
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.