MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           31 January 2002
	DOCKET NUMBER:   AR2001061532

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		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 promoted from pay grade E-7 to pay grade E-8 or that he be advanced on the Retired list to the highest grade in which he served, “master sergeant, E-7.”

APPLICANT STATES:  That he was promoted to master sergeant, pay grade 
E-7, on 29 September 1945.  He provides a copy of orders for his promotion to first sergeant, dated 29 September 1945, and a copy of his 27 December 1945 honorable discharge showing his rank as first sergeant.  He states that in 1958-1959, he was serving as a master sergeant, pay grade E-7, when two “super grades, E-8 and E-9” were created.  He requested promotion to E-8, but his request was never processed because his unit was deactivated.  He also provided a copy of a certificate of retirement, dated 14 February 1976, showing his rank as “Sergeant First Class (E-7).”

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

That he was born on 14 February 1916.  He was inducted on 4 December 1942, and entered the Army on 12 December 1942.  He was promoted through the ranks to first sergeant on 29 September 1945, by Headquarters, 319th Combat Engineers, orders number 1370, dated 29 September 1945.  He was honorably discharged in the rank of first sergeant on 27 December 1945, by reason of demobilization.  At that time, the ranks of first sergeant and master sergeant were designated enlisted pay grade 1.  He was transferred to the Enlisted Reserve Corps (ERC), unassigned, until the expiration of his term of service on 27 December 1948.

On 8 February 1949, he enlisted for 3 years in the U. S. Army Reserve (USAR) as a “Master Sergeant (grade 1).”  The Career Compensation Act of 1949, which became effective 1 October 1949, changed the designation of pay grade 1 to be designated pay grade 7.  On 5 November 1952, he reenlisted for 3 years in the USAR as a master sergeant, pay grade 7.  On 5 November 1955, he reenlisted for 3 years in the USAR as a master sergeant, pay grade E-7.

On 1 February 1958, in accordance with Army Regulation 640-201, the rank of master sergeant, pay grade E-7, was converted to sergeant first class, pay grade E-7.  After this time, there are documents in his record that continue to show his rank as master sergeant and his pay grade as E-7.  He continued to reenlist and served continuously in the USAR, Individual Ready Reserve (IRR) and Troop Program units until 14 February 1976, when he was placed on the retired list at age 60 as sergeant first class, pay grade E-7, and began to receive retired pay.   He was retired with over 26 years qualifying for retired pay and over 34 years service for longevity pay purposes.

On 8 January 1976, the applicant as a ”SFC” (sergeant first class), wrote a letter to the Chief of the Army Reserve concerning promotion to pay grade E-8.  The Chief of the Army Reserve responded in a 3 February 1976 letter that it was unfortunate that the applicant had not been considered for promotion to E-8 but that promotions in units are strictly tied to unit position vacancies. The Chief also stated that promotions in the IRR were not considered beyond pay grade E-7.

United States Code, Title 10, section 3964, permits certain retired members of the Army who are retired with less than 30 years of active service to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily.  Grade refers to pay grade, not rank.

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.  There is no evidence that the applicant was promoted to the pay grade of E-8. The highest pay grade in which he served was E-7, the grade in which he was retired.  There is no bases for promotion to E-8 or advancement on the retired list to the pay grade of E-8.

2.  There are several instances in the applicant’s record where his rank and grade were referred to as master sergeant, E-7, but these entries after the 1958 regulatory conversion of master sergeant, E-7, to sergeant first class, E-7, are in error and are not justification for advancement on the retired list to master sergeant, pay grade E-8, under the current rank and pay grade structure.

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

_rks____  _rvo_____  _ekz____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061532	
SUFFIX		
RECON		
DATE BOARDED	20020131	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.09 – Advance in Grade	
2.		
3.		
4.		
5.		
6.