MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 July 2002
	DOCKET NUMBER:  AR2002067757

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. John T. Meixell		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:  On two separate applications, that he be granted credit for 90 days of active duty (AD) while serving in the United States Marine Corps (USMC) Reserve and that he be advanced on the Retired List in the rank of Sergeant First Class (SFC).

APPLICANT STATES:  In effect, that he should be credited with 90 days of AD toward his qualifying service for retirement purposes and that he should be advanced on the Retired List to the rank of SFC.  He also states that he served in the US Army Reserve (USAR) and the Army National Guard (ARNG) as a platoon sergeant in an E-7 position.  In support of his application, he submits copies of:  a statement, dated 7 April 1972; an ARPC Form 249-2-E 
(Chronological Statement of Retirement Points); a DA Form 20 (Enlisted Qualification Record); and a DA Form 2-1 (Personnel Qualification Record –
Part II).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the USMC Reserve on 16 December 1959, as a wireman.  He was ordered to active duty on 11 February 1960.  

The applicant provided a copy of a statement from the Inspector-Instructor Staff, Naval and Marine Corps Reserve Training Center, dated 7 April 1972, which indicated that the applicant was currently serving on active duty with this staff for a period of 90 days.

He was promoted to SSG/E6 on 1 May 1972.  He continued to serve until he was honorably discharged on 3 December 1973.

He enlisted in the USAR on 4 December 1973, as a petroleum supply specialist (76W30).  

The applicant’s Enlisted Qualification Record shows that he served as an assistant platoon sergeant and supply section chief in a duty military occupational specialty (DMOS) “76W40” while serving in the USAR.

The applicant’s records contain a copy of Headquarters, 359th Signal Group Special Orders Number 122, dated 5 November 1974, which shows that he was awarded the primary military occupational specialty (PMOS) of “P76W40”, the secondary military occupational specialty (SMOS) “S36K40”, and had withdrawn the PMOS of “09B00”, effective 5 November 1974.

The applicant’s Personnel Qualification Record shows that he served as a platoon sergeant in DMOS “11C40.”

He continued to serve until he was released on 2 December 1976, in order to enlist in the New York Army National Guard (NYARNG).  He enlisted in the NYARNG on 3 December 1976, as an indirect fire crewman (11C), in the rank of SSG.

On 1 April 1983, the National Guard Bureau notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).

The applicant’s records contain a copy of his Chronological Statement of Retirement Points, dated 23 February 2001, which shows that he had completed
22 years of qualifying service for retirement purposes.  This statement shows that he was given 125 active duty points and 177 creditable points for retirement for the year 16 December 1971 to 15 December 1972.  

He was transferred to the Retired Reserve on 1 August 1985, in the rank of Staff Sergeant (SSG).

Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), prescribes the policy and procedures for granting retired pay benefits at age 60, for the Army National Guard and Army Reserve.  Paragraph 2-11 of this regulation covers computation of retired pay and paragraph 2-11c requires that each retirement applicant’s record will be screened to determine the highest grade held during his or her military service.  Subparagraph 2-11c(2) states that if the soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted soldier held while on active duty or in an active Reserve status for at least 185 days or six calendar months.  The retired grade is determined upon receipt of retired pay, not on transfer to the Retired Reserve, since it is a retired pay issue.

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’s retirement point summary shows that he was credited with 125 active duty points and 177 creditable points for the year 16 December 1971 to 15 December 1972.  However, it is likely that his 90 days of active duty with the USMC Reserve is included in this period.  Therefore, there is no basis to correct his retirement point summary sheet to show any additional retirement points for the year ending 15 December 1972.

2.  The evidence of record also shows that he served in several positions in the USAR and ARNG as a platoon sergeant in DMOS “76W40” and DMOS “11B40.” However, there is no evidence of record in the available records, and the applicant has provided no evidence, to show that he was ever advanced or promoted to the pay grade of E-7.  Therefore, he is not entitled to be advanced
on the Retired List in the pay grade of E-7.

3.  The evidence of record shows that the applicant was promoted to SSG and continued to serve as a SSG throughout his military career.  Therefore, he was properly retired in the pay grade of E-6 and is receiving retired pay accordingly.

4.  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.

5.  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

__tk___  ___ho_____  ___jm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067757	
SUFFIX		
RECON		
DATE BOARDED	20020711	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19850731	
DISCHARGE AUTHORITY	AR 140-10 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319		
2.		
3.		
4.		
5.		
6.