MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 October 2001                    
	DOCKET NUMBER:   AR2001062529

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 advanced on the Retired List to pay grade E-8.

APPLICANT STATES:  He served in a position authorized a noncommissioned officer in the grade of E-8, for which he was awarded the Meritorious Service Medal.

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

He enlisted in the Regular Army on 4 November 1960, was awarded the military occupational specialty of wheel and track vehicle mechanic, and served one tour in Korea, two tours in Vietnam, and three tours in Germany.  He was promoted to pay grade E-7 on 24 October 1977 and was honorably released from active duty on 30 November 1980 and placed on the Retired List for years of service the following day.

Title l0, United States Code, section 3964, provides that each warrant officer and enlisted member of the Regular Army is entitled, when his or her active service plus his or her service on the retired list totals 30 years, to be advanced on the retired list to the highest temporary grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The highest grade held by the applicant was pay grade E-7.

2.  The applicant has apparently confused the term highest grade held with the term highest position held as it pertains to advancement on the Retired List.  In this regard, the highest grade held is the highest grade to which the applicant was officially promoted notwithstanding any higher position he may have held either officially or unofficially.  This law exists to insure soldiers are paid at the highest grade they held in the event they were administratively reduced in grade or if they reverted from an officer to an enlisted soldier at some point in their careers.

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

___kan __  ___reb __  ____rjw__  DENY APPLICATION

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

INDEX

CASE ID	AR2001062529	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011025	
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.