PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 July 2000                  
	DOCKET NUMBER:   AR1999033845

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun			
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                       records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his application to correct his records by amending his discharge orders to show that he retired in pay grade  E-8 with the grade title of first sergeant vs. master sergeant. 

3.  The applicant states that as he served in the capacity of first sergeant as an E-8 that he meets the requirements to be shown as retired in pay grade E-8 with the grade title of first sergeant.  

4.  The Memorandum of Consideration reflecting the Board’s 24 June 1998 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant submits a letter of support from the senior instructor for the Hilo, Hawaii program and a copy of the Army Regulation relevant to this consideration.

6.  These documents were not available to or considered by the Board previously and constitute new evidence that requires Board review.

7.  The applicant’s record shows he served in the capacity of first sergeant, first in pay grade E-7 and continued in this capacity upon promotion to pay grade    E-8.  He served as first sergeant until he was reassigned to the Army Readiness Group, at which point he reverted to the grade title of master sergeant.  The applicant’s record shows that he has a military occupation specialty of 11B5M.

8.  Army Regulation 635-200, paragraph 12-17, states for a soldier in pay grade E-8 to be placed on the retired list in the grade title of first sergeant, the soldier must have served in and retired in the grade of master sergeant, E-8; possess the Special Qualification Identifier “M” and have served as a first sergeant in pay-grade E-8.

CONCLUSIONS:

1.  The applicant’s record shows that he has met all of the required qualifications to be placed on the retired list with the grade title of first sergeant.

2.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the individual concerned was transferred to the Retired Reserves in pay grade E-8 with the grade title of first sergeant, and that he is afforded all rights and privileges commiserate with that title.

BOARD VOTE:  

__JLP___  __MHM_  ___JEA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater_________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033845	
SUFFIX		
RECON	 	
DATE BOARDED	20000713	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.