MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 May 2002
	DOCKET NUMBER:   AR2002068534

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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 appointed to the rank of command sergeant major (CSM) and placed on the Retired List in that rank.

APPLICANT STATES:  In effect, that he served in the capacity of a CSM while on active duty and after receiving an approved retirement, he was selected for advancement to the rank of CSM.  However, he was informed at the time that he would have to withdraw his approved retirement and reenlist in order to accept the appointment to CSM.  He goes on to state that he declined to accept the appointment because of extenuating circumstances such as having an approved retirement, having served seven overseas tours, and the opportunity to accept Junior Reserve Officer Training Corps (JROTC) civilian employment.  However, he was not afforded the opportunity to accept the advancement for the 2 months left before his retirement and contends that he should have, because he had already occupied the position for 2 ½ years.  He continues by stating that it is his desire to be buried as a CSM.

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

He enlisted at Lowry Field, Colorado on 19 June 1946 and remained on active duty through a series of continuous reenlistments.  He was promoted to the rank of sergeant major (E-9) on 30 June 1966.

After being promoted to the rank of sergeant major (SGM), he was transferred to Vietnam, where he served as the SGM in Headquarters and Headquarters Company (HHC), 124th Terminal Command.  He was transferred to Fort Bliss, Texas on 2 July 1968, where he served as a SGM in HHC, Basic Combat Training Committee Group.  

The CSM Program was established on 15 July 1967 and the personnel to be considered for selection for advancement to the rank of CSM were scheduled to be considered in increments, by three separate boards.  The first CSM board adjourned on 29 December 1967 and was released on 8 January 1968.  The second board was scheduled to be completed by March 1968 and the third, and largest board, was scheduled to be completed by July 1968. 

On 19 August 1968, Department of the Army Circular Number 611-40 (third CSM Board) announced the applicant’s selection for entry into the CSM Program.  The circular provided, in pertinent part, that individuals who were selected and accepted entrance into the program would be subject to worldwide assignments at any time and that the Department of the Army would be notified by message of anyone declining entrance into the program. 

On 21 October 1968, the applicant was honorably released from active duty and was transferred to the Retired List in the rank and pay grade of SGM/E-9, effective 1 November 1968.  He had served 21 years, 7 months and 2 days of total active service.

Army Regulation 614-200 served as the regulation outlining the criteria for entry and removal from the CSM Program.  It provided that  CSM selectees who have an approved retirement will be administratively removed from the list by the Department of the Army, unless the individual concerned requested withdrawal of their retirement and it was approved by the Department.  Personnel accepting entry into the program would be reclassified to the military occupational specialty (MOS) of OOZ50.  Entry into the program would not be effective until reclassification was accomplished.  Personnel desiring to withdraw from the program, who are serving in the Continental United States (CONUS), must serve in the position for a minimum of 1 year before a request to withdraw from the program will be considered.  Under today’s standards, personnel who are eligible for consideration for entry into the CSM program, must make an election to serve in the program before they can be considered.  Personnel who decline consideration will not be considered for appointment to the rank of CSM.

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.  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.

2.  In order to be appointed to the rank of CSM, individuals selected had to agree to be subject to worldwide assignment at any time.  Additionally, selectees who had an approved retirement were administratively removed from the selection list unless they took action to withdraw their retirement.  By the applicant’s own admission, he declined to accept the appointment to CSM because he had already served seven overseas tours, had an approved retirement and had the opportunity for a civilian job.  Accordingly, he was properly retired in the rank of SGM. 

3.  While the applicant may now believe that he is entitled to be retired in the rank of CSM because he served in the position, he in fact, made a conscious decision not to accept the terms of the appointment.  It is also noted that there were no actual CSM positions prior to 15 July 1967, when the CSM program was implemented and the first CSM Board was not adjourned until 29 December 1967.  The provisions for acceptance into the CSM program were that individuals not have an approved retirement, be eligible for worldwide assignment at any time and that they must serve at least a year in the program before they could withdraw.  The applicant did not enter the program and thus is not eligible for appointment to the rank of CSM in accordance with the regulations in effect at the time.

4.  While the Board applauds him for his excellent record of service, he made the decision at the time to decline appointment to the rank of CSM and the Board finds no basis to grant his request for appointment 30 years after the fact.

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

___jlp ___  ___be___  __tl_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002068534	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV RANK	
2.		
3.		
4.		
5.		
6.