MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 January 2002
	DOCKET NUMBER:   AR2001062085

	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. Arthur A. Omartian 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Karen A. Heinz		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:  Promotion to First Sergeant, pay grade E-8, retroactive to June 1, 1958, with back compensation and interest.

APPLICANT STATES:  That he served as the First Sergeant of each unit to which he was assigned from 24 September 1955, to the day he was placed on the retired list, 20 January 1966.  He had been promoted to Master Sergeant, pay grade E-7, on 24 September 1957.  His conduct and efficiency were always rated as excellent.  His pay grade was not converted.

He provides copies of pertinent documents from his military record to include his promotion order to “Master Sergeant (Grade E-7).”  He provides an affidavit from a service member and one from himself which together certify that he was a Master Sergeant serving in the duty position of First Sergeant of the 
429th Chemical Detachment from 24 September 1965 through 31 December 1965.  He sends a photo of a Army Class A Uniform blouse with Master Sergeant chevrons on the sleeves.

He provides a copy of a letter from the U. S. Army Reserve Personnel Command, Transition and Separations Branch, dated 9 February 2000, which provides an answer to his request to be advanced on the Retired List.  The letter states, “On October 1, 1949, the enlisted pay grades were established.  At that time, E-7 was the pay grade for the title of Master Sergeant (MSG).  With the grade revision of June 1, 1958, the title for the pay grade E-7 was changed to Sergeant First Class.  After a conversion period, all soldiers holding the title of Master Sergeant E-7, and who had not been promoted to the new pay grade of E-8, were converted to Sergeant First Class E-7.  Accordingly, you are receiving retired pay in the correct pay grade of Sergeant First Class E-7.  Unfortunately, there are no laws or regulations which would permit your advancement on the retired list.”

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

That he served on two tours of active duty and two tours of Reserve duty from 
4 January 1943 through 23 September 1955.  He continued to serve in Reserve Troop Program Units (TPU) from 24 September 1955, until he was transferred to the Retired Reserve in 1966.

The applicant was promoted through the ranks to “Master Sergeant (Grade E-7)” on 24 January 1957, by Headquarters, 909th Quartermaster Company, Orders Number 1, dated 24 January 1957.  He served in TPU duty positions of First Sergeant.  On 17 January 1966, he was transferred to the Retired Reserve as a “Master Sergeant (E-7)” by Headquarters, XII U. S. Army Corps, Special Orders 

Number 31, dated 11 February 1966.  There is no record of promotion or consideration of promotion to pay grade E-8.  His DA Form 3713 (Data for Retired Pay), dated 26 November 1986, shows the highest (pay) grade attained was pay grade E-7.

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 applicant was promoted to pay grade E-7 on 24 January 1957.  At that time, the title for pay grade E-7 was Master Sergeant.  On 1 June 1958, the title for pay grade E-7 was changed by Army regulation from Master Sergeant to Sergeant First Class.  The titles of pay grades were converted; pay grades were not converted.  The applicant retained his title of “Master Sergeant (E-7)” through his transfer to the Retired Reserve but he was never promoted to pay grade E-8. His correct highest grade to which he was promoted and in which he served was E-7.  He is not entitled to pay grade E-8.

2.  The applicant served in the duty position of First Sergeant, but there is no evidence that he was ever promoted to the rank and pay grade of First Sergeant (E-8).  Any grade noncommissioned officer may be assigned to the duty position of First Sergeant but assignment to that duty position does not entitle or authorize a noncommissioned officer to be promoted to the rank and grade of First Sergeant (E-8).

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

_aao____  _mhm____  _kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062085	
SUFFIX		
RECON		
DATE BOARDED	20020129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131 - Promotion	
2.		
3.		
4.		
5.		
6.