MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 December 2001
	DOCKET NUMBER:   AR2001062428

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		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 his records be corrected to show that he retired in the rank and pay grade of command sergeant major/E-9 (CSM/E-9). 

APPLICANT STATES:  In effect, that while he was assigned to the medical holding company, he was notified that he was selected for promotion by the Calendar Year 1995, Department of the Army, CSM Promotion Board.  He further claims that he was promoted to CSM upon his retirement.  In support of his application, he provides a copy of a corrected retirement order indicating he was a CSM/E-9. 

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

On 31 January 1996, the applicant was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 21 years, 7 months, and 3 days of active military service. 

The Certificate of Release or Discharge From Active (DD Form 214), issued to and authenticated by the applicant with his signature on the date of his separation, confirms that at the time of his separation he held the rank and pay grade of first sergeant/E-8 (1SG/E-8).  It also shows that during his active duty tenure he earned the following awards and decorations:  Legion of Merit; Meritorious Service Medal (2nd Award); Army Commendation Medal (4th Award); Army Achievement Medal (3rd Award); Army Good Conduct Medal (7th Award); National Defense Service Medal (2nd Award); Southwest Asia Service Medal; Kuwait Liberation Medal; and Ranger Tab.

The applicant’s Personnel Qualification Record (DA Form 2-1) and Application for Voluntary Retirement (DA Form 2339) both show that the highest pay grade he attained and served in while on active duty was 1SG/E-8.  The separation order on file in record confirms that his retired rank and pay grade was 1SG/E-8.

The applicant provides a copy of Orders Number 111-0026, dated 21 April 1995, issued by Headquarters, 4th Infantry Division, which indicates his retired rank and pay grade was CSM/E-9.  However, the separation order on file in the applicant’s Military Personnel Records Jacket (MPRJ) confirms that his retired rank and pay grade was 1SG/E-8.  In addition, there are no other documents on file that suggests that the applicant was ever selected for, promoted to, or served as a CSM/E-9 while on active duty. 

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 promoted to CSM upon his retirement.  However, notwithstanding the separation order provided by the applicant, the Board finds insufficient evidence to support this claim.

2.  Lacking any evidence corroborating the rank and pay grade information contained in the separation order provided by the applicant, and given there is a properly constituted separation document on file that confirms the applicant’s rank and pay grade was 1SG/E-8 on the date of his separation, the Board is compelled to presume administrative regularity in the applicant’s retirement processing, which includes the assignment of his retired pay grade.  

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

__INW __   _ _TL __  __JAM __  DENY APPLICATION

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

INDEX

CASE ID	ARAR2001062428	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/18	
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.