MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 July 2003
	DOCKET NUMBER:   AR2003086868

	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. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert Duecaster		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 her records be corrected to reflect that she was transferred to the Retired Reserve in the pay grade of E-6.

APPLICANT STATES:  In effect, that her records should reflect that she was promoted to the pay grade of E-6 because she completed the Basic Noncommissioned Officer Course (BNCOC) and that she should have been transferred to the Retired Reserve instead of being discharged.  In support of her application she submits copies of pay documents showing that she was paid in the pay grade of E-6 and a commissary privilege card showing her pay grade as E-6.

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

She initially enlisted in the Regular Army on 30 January 1968 and served on active duty until she was honorably released from active duty (REFRAD) on 9 January 1971.  She continued to serve in the United States Army Reserve (USAR) through a series of continuous reenlistments and was promoted to the pay grade of E-5 on 24 November 1981.

On 3 March 1993, the 77th Army Reserve Command (ARC) dispatched a memorandum to the applicant informing her that she had not been selected for continued unit participation and that she must be separated or transferred to the Retired Reserve within 60 days following the board's report.  She was informed to select the option she desired.

On 9 April 1993, the Army Reserve Personnel Center (ARPERCEN) notified the applicant (20-year letter) that she had completed the required years of service to be eligible for Retired pay at age 60 (12 December 2002). 

On 20 July 1993, the 77th ARC published orders transferring her, in the pay grade of E-5, to the USAR Control Group (Reinforcement).

On 9 March 1995, the ARPERCEN endorsed the 20 July 1993 orders to reflect that she had been improperly assigned to the USAR Control Group (Reinforcement) and reassigned her to the USAR Control Group (Retired), with entitlement to special separation pay. 

A review of the applicant's Official Military Personnel File (OMPF) fails to show any evidence that she was ever promoted to the pay grade of E-6.

A review of the documents submitted by the applicant shows that on 31 December 1996, the ARPERCEN issued the applicant a commissary privilege card in the rank of staff sergeant (E-6) and that she received Reserve Special Separation Pay from the Defense Finance and Accounting Service (DFAS) in the pay grade of E-6.
In the processing of this case, a staff member of the Board contacted the applicant to determine what her current status is in regards to her Retired Pay. As of this date, the applicant has not applied for Retired Pay benefits because she wants to be retired in the pay grade of E-6.

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

1.  Although the applicant has provided copies of documents which indicate that her pay grade was E-6, the Board can find no instrument which effects the promotion or establishes a date of rank for such a promotion.  Accordingly, absent such an instrument, the Board finds no basis to retire her in the pay grade of E-6.

2.  The ARPERCEN directed her transfer to the Retired Reserve in 1995; therefore there is no basis for the Board to direct it again.  The applicant was eligible to apply for her Retired Pay benefits once she reached 59 ½ years of age and to date has not done so.  Accordingly, she is advised to do so.  In the event that she can produce a promotion instrument indicating the effective date of her promotion, she may apply for a correction to her Retired pay grade. 

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

___rd ___  ___kh___  __gw____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086868	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000/ret grade	
2.		
3.		
4.		
5.		
6.