MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:           31 January 2002
	DOCKET NUMBER:   AR2001061168

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. 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:  In effect, an adjustment to his pay for two periods of time when he served in positions of responsibility that exceeded his current rank/pay grade.

APPLICANT STATES:  That as a specialist/E-4, he served in a position of responsibility equal to that of a sergeant first class/E-7, and; that as a staff sergeant/E-6, he served in positions of responsibility equal to that of a platoon sergeant/E-7 and first sergeant/E-8.

In support of his application, the applicant provided a copy of Special Orders Number 150, dated 16 July 1958, showing his temporary appointment to the rank of specialist/E-4; Special Orders Number 70, dated 11 March 1966, showing his assignment to Headquarters and Headquarters Battery, 2nd Missile Battalion, 61st Artillery; a Letter of Appreciation, dated 11 May 1967, showing that he served as an "Acting First Sergeant" while holding the rank of staff sergeant; and Special Order Number 23, dated 14 March 1967, showing that he qualified as an expert missileman.

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

He retired from the United States Army on 28 February 1969 in the rank of staff sergeant/E-6.  He was credited with 20 years and 24 days of active military service.

Department of the Army (DA) Form 20, Item Number 38 - Record of Assignments, reflects that the applicant was assigned to Fort Riley, Kansas between July 1956 and August 1958 as a specialist/E-4 with principal duty as an ordnance supply clerk.  DA Form 20 also reflects that the applicant was assigned to Ryukyu Islands between March 1966 and September 1967 as a staff sergeant/E-6 with principal duty as first sergeant/E-8 and platoon sergeant/E-7.

The Department of Defense Military Pay and Allowances Entitlements Manual provides statutory provisions for military pay entitlements, deductions, and collections, and establishes Department of Defense policy on the pay and allowances of military personnel.  The provisions of this manual apply to all Department of Defense activities.  The manual is issued for the information, guidance, and compliance of all personnel in the administration of military pay.  Section A – Basic Pay Entitlements states that the pay of service members is prescribed by law.  Members are entitled to receive pay according to their pay grade and years of service.

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.  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.

2.  Although the applicant served in positions of responsibility higher than his actual rank/pay grade, the Department of Defense Military Pay and Allowances Entitlements Manual clearly states that a service member is entitled to pay according to his pay grade and years of service.  There are no provisions to pay a service member at a higher grade/rate simply because he occupied the billet of that higher grade/rate.  Accordingly, the Board finds that there is no pay correction to be made.

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

__RVO __  __EJA__  _RKS____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061168	
SUFFIX		
RECON		
DATE BOARDED	20020131	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690301	
DISCHARGE AUTHORITY	Title 10, USC 3914	
DISCHARGE REASON	20 years service	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	128.1500	
2.		
3.		
4.		
5.		
6.