MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 January 2002
	DOCKET NUMBER:   AR2001063318

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		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:  In effect, that he be advanced to the rank and pay grade of sergeant first class/E-7 (SFC/E-7) on the Retired List.  

APPLICANT STATES:  In effect, that he should be advanced on the Retired List to the highest rank and pay grade in which he served on active duty under the provisions of Title 10 of the United States Code, section 3964 (10 USC 3964), which in his case is SFC/E-7.

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

On 30 November 1968, he was released from active duty (REFRAD) for the purpose of retirement.  On that date he held the rank and pay grade of staff sergeant/E-6 (SSG/E-6) and had completed a total of 20 years, 3 months, and 
2 days of active military service. 

The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) confirms, in block 33 (Appointments and Reductions), that he was promoted to the rank and pay grade of SSG/E-6 on 11 July 1964, and this was the highest rank he was promoted to and held while on serving on active duty.  The applicant last audited his DA Form 20 on 19 November 1968, and he verified that the information contained therein was correct on that date.

On 23 January 1968, the applicant submitted an application for voluntary retirement (DA Form 2339) requesting to be retired on 30 November 1968, in the rank and pay grade of SSG/E-6.

A Data for Retired Pay (DA Form 3713), dated 14 October 1968, that was prepared on the applicant during his retirement processing, verified that his active duty grade and the highest grade he attained while on active duty was SSG/E-6.  It also confirmed that he would be placed on the Retired List , effective 
1 December 1968, and that his retired pay grade would also be SSG/E-6.  

The record also contains a properly constituted separation document 
(DD Form 214), which was authenticated by the applicant with his signature on the date of his REFRAD.  This document shows that on 30 November 1968, he was separated under the provisions of chapter 12, Army Regulation 635-200, by reason of length of service retirement.  It further confirms that he held the rank and pay grade of SSG/E-6 on the date of his separation and that on the following day he was placed on the Retired List in that rank and pay grade.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 sets policies and procedures for voluntary retirement of soldiers because of length of service.  Paragraph 12-3b states, in pertinent part, that retirement will be in the Regular or Reserve grade the soldier holds on the date of retirement as directed in Title 10 of the United States Code, section 3961 (10 USC 3961). 

Paragraph 12-6 (Advancement on the Retired List) contains guidance on the advancement of soldiers on the Retired List.  It states, in pertinent part, that retired soldiers are entitled to be advanced on the Retired List to the highest grade they held and in which they satisfactorily served on active duty when their active service plus service on the retired list totals 30 years.  The legal authority for this action is provided by Title 10 of the Untied States Code, section 3964
(10 USC 3964). 

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 advanced to the rank and pay grade of SFC/E-7 on the Retired List, however, it finds insufficient evidence to support this claim.  

2.  By law and regulation, retired soldiers are entitled to be advanced on the Retired List to the highest grade in which they satisfactorily served while on active duty.  The evidence of record confirms that the applicant was never actually promoted to and never held or served on active duty in the rank and pay grade of SFC/E-7.  Thus, he does not meet this satisfactory service criteria and he is not eligible for advancement to that rank and pay grade on the Retired List. 

3.  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.

4.  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

__FNE __   _ _TSK __  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2001063318	
SUFFIX		
RECON		
DATE BOARDED	2002/01/10 	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/11/30	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
2.  319	131.0900	
2.		
3.		
4.		
5.		
6.