MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 March 2002
	DOCKET NUMBER:   AR2002068102

	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:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		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:  In effect, that he be promoted and advanced on the Retired List to the rank and pay grade of master sergeant/E-8 (MSG/E-8).

APPLICANT STATES:  In effect, that he served as a platoon sergeant (PSG) in the United States Army Reserve (USAR), and performed the duties normally performed by a first sergeant (1SG) in a company size unit.  Subsequent to his transfer to the Retired Reserve, the platoon converted to a company and his PSG position became a 1SG position.  He claims that he was twice nominated for promotion to MSG/E-8 prior to his transfer to the Retired Reserve and he was assured that if the platoon converted to a company, he would be promoted to MSG/E-8 and returned to an active status in the USAR.  In support of his application, he submits his retirement certificate, an award certificate for the Army Commendation Medal, and his Retired Reserve certificate.

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

He served on active duty in the Regular Army from 18 May 1943 to 23 January 1949, at which time he was honorably separated.  On 24 January 1954, he enlisted in the USAR and served continuously in that status through intermittent periods of annual and active duty for training until being transferred to the Retired Reserve.

The applicant’s record confirms that the highest rank he attained during his service in the USAR was sergeant first class/E-7 (SFC/E-7).  The applicant completed over 20 years of qualifying service for retirement and was issued a
 “20 Year Letter” confirming his eligibility for retired pay at age 60.  

On 15 September 1975, he was transferred to the Retired Reserve in the rank and pay grade of SFC/E-7.  On 17 May 1984, the applicant turned age 60 and he is currently receiving retired pay as a SFC/E-7.  

Army Regulation 135-180 implements the statutory authorities governing the granting of retired pay to soldiers and former Reserve Component (RC) soldiers. Chapter 2 states, in pertinent part, that the Retired Activities Directorate, U.S. Army Reserve Personnel Command (ARPERSCOM) will screen each retirement applicant’s records to determine the highest grade held by him or her during his/her military service.  

Paragraph 2-11c of the regulation further provides that the retired grade of an enlisted member transferred to the Retired Reserve or discharged on or after 
25 February 1975, will be the highest grade held while on active duty or in an reserve enlisted status for at least 185 days or 6 calendar months.  Coordination with the Defense Finance and Accounting Service (DFAS) confirms that the applicant is receiving retired pay in the pay grade of 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 Board notes the applicant’s contention that he should be promoted and advanced on the Retired List to the rank and pay grade of MSG/E-8.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the highest rank and pay grade the applicant was promoted to, held, and satisfactorily served in while serving in the USAR was SFC/E-7.  His record further verifies that his transfer to the Retired Reserve and processing for retired pay was accomplished in accordance with applicable regulations.   

3.  The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout his retirement processing. 

4.  A thorough review of the applicant’s record revealed no orders promoting him to a pay grade higher than E-7, and he has failed to provide independent evidence to the contrary.  While the Board does not question the veracity of the applicant’s claim that he performed the duties of a 1SG, this service in a position authorized a higher pay grade and performing those duties associated with the higher rank does not serve as a basis for promotion or advancement on the Retired List.

5.  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.

6.  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

__GDP     __DSJ __  __REB___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068102	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/26	
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.	129.00	
2.		
3.		
4.		
5.		
6.