MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 April 2003                  
	DOCKET NUMBER:   AR2002081748

	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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann		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 his military records be corrected to reflect that he was promoted to the pay grade of E-8.  

APPLICANT STATES:  In effect, that an injustice was committed upon him during the course of his military service as a result of his not being promoted to the pay grade of E-8.  In the enclosed self-authored statement, the applicant outlines highlights of his career from 1949, when he was selected for promotion to the rank and pay grade of master sergeant/E-7 (MSG/E7) through his retirement in 1964.  He claims that at the time of his promotion to the pay grade of E-7, a soldier was only required to have two years of time in grade in order to qualify for promotion to the pay grade of E-8.  However, at the time of his retirement in 1964, he had served fifteen years in the pay grade of E-7 and had never been given the opportunity to enjoy the privilege and honor of promotion to the pay grade of E-8.  

The applicant concludes his statement by indicating that he is now 82 years old and he is more proud of his Army service than anything else he has done in life.  He requests that the Board recognize, as he has now recognized, that his not being promoted to the pay grade of E-8 was unjust.  The applicant’s complete self-authored statement is enclosed and was considered by the Board during its review of this case.  In addition, the applicant provides several military documents that confirm he was recognized and received awards for several significant acts of achievement and service. 

COUNSEL CONTENDS:  In effect, that the application and attachments are submitted in accordance with Title 10 of the United States Code, section 1553. 

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

On 30 June 1964, he was honorably released from active duty (REFRAD) for the purpose of retirement.  At the time of his separation, he had completed a total of 22 years, 2 months, and 16 days of active military service. 

The applicant’s Service Record (DA Form 24) that documents his service from 
17 February 1950 through his REFRAD on 30 June 1964, confirms in Section I (Appointments, Promotions, or Reductions) that he was promoted to the rank and pay grade of MSG/E-7 on 19 August 1949.  Section I also provides confirmation that this was the highest rank and pay grade he held while serving on active duty. 

In addition, the applicant’s Military Personnel Records Jacket (MPRJ) contains no documents or orders that give any indication that he was selected and recommended for promotion to the pay grade of E-8 by a properly constituted local or Department of the Army (DA) promotion selection board; or that he was ever actually promoted to or held a pay grade above E-7 during his active duty tenure. 

On 16 April 1964, the applicant submitted an application for retirement (DA Form 2339), in which he requested retirement on 1 June 1964, in the rank and pay grade of MSG/E-7.  On 21 May 1964, the applicant’s retirement was approved at DA, and Special Order Number 128, Paragraph 275, was published.  This DA Special Order directed the applicant’s REFRAD on 30 June 1964, and his placement on the Retired List on 1 July 1964, in the rank and pay grade of MSG/E-7.

A Data for Retired Pay (AGPZ Form 977), dated 24 May 1964, that was prepared on the applicant during his retirement processing contains the following entries in the items indicated:  Item 3 (Retired Grade), MSG/E-7; Item 4 (Active Duty Grade), MSG/E-7; Item 6 (Highest Grade Attained), MSG/E-7; and 
Item 17 (Retired Pay Grade), E-7.  

The separation document (DD Form 214) issued to the applicant on the date of his REFRAD lists the rank and pay grade of MSG/E-7 in Item 3 (Grade, Rate, or Rank).  The applicant authenticated this document with his signature in Item 34 (Signature of Person Being Separated), thereby verifying that the information contained in this document was correct at the time it was issued. 

In 1958, the Army changed the enlisted rank structure.  This resulted in the rank title of master sergeant (MSG) corresponding with the pay grade of E-8; the rank title of SFC corresponding to the pay grade E-7; and the rank title of staff sergeant (SSG) corresponding to the pay grade E-6.  However, this structure change did not impact either the rank title or the pay grade of personnel that had been promoted prior to the change, which is the operative policy in this case.  In other words, unless subsequently promoted under the new system, members who had been promoted to MSG and SFC prior to the 1958 change retained those rank titles and the pay grades that were applicable prior to the change, which were E-7 for MSG and E-6 for SFC.

Title 10 of the United States Code, section 3961, provides the legal authority for retirement grades.  It states, in pertinent part, that retirement will be in the regular or reserve grade the soldier holds on the date of retirement.  

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 based on his outstanding record of service, it was unjust for him to be denied promotion to the pay grade of E-8.  However, the Board finds insufficient evidence to support this claim.  

2.  The evidence of record shows that from 19 August 1949 through 1958, when the Army rank structure was changed, the applicant held the highest enlisted pay grade that existed, which was E-7.  As a result, the pay grade of E-8 did not exist for about nine of the fifteen years the applicant was a MSG/E-7.  Further, his record is void of any indication that he was ever recommended for promotion to the pay grade of E-8 by a properly constituted local or DA promotion selection board during the period 1958 through 1964, which would have been required for him to be promoted.  Thus, notwithstanding his outstanding record of service, the Board finds no basis for granting the requested relief. 

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

__sac ___  ___ra___  ___pm __  DENY APPLICATION

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

INDEX

CASE ID	AR2002081748	
SUFFIX		
RECON		
DATE BOARDED	2003/04/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1964/06/30	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.		
3.		
4.		
5.		
6.