IN THE CASE OF:	  

		BOARD DATE:	       15 September 2009

		DOCKET NUMBER:  AR20090006782 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show that he was advanced on the retired list to the highest grade held.

2.  The applicant states that he has been on the Retired List for 30 years and wants to be advanced to sergeant first class, pay grade E-7.  He states that his primary military occupational specialty (MOS) was 95B3P, military police staff sergeant, pay grade E-6, with parachutist qualification, but that his duty MOS was as a 95B4P, military police sergeant first class, pay grade E-7, with parachutist qualification.

3.  The applicant provides copies of his DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period from February 1995 through November 1998.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a retired staff sergeant, pay grade E-6.

2.  On 15 May 1979, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 95B (Military Police).

3.  Orders 222-89, 573rd Personnel Service Company, dated 19 November 1982, promoted the applicant to sergeant, pay grade E-5, with a date of rank of 2 November 1982.

4.  Orders 225-26, 379th Personnel Service Company, dated 9 October 1986, promoted the applicant to staff sergeant, pay grade E-6, with a date of rank of 5 September 1986.

5.  The applicant has provided four NCOERs that report his performance of duty from February 1995 through November 1998.  During this period, he served as the Rear Battle Operations Noncommissioned Officer with the 118th Military Police Company.  The duty position authorized a sergeant first class, pay 
grade E-7.  His appointed duties included being the Rear Detachment Commander and a jumpmaster.

6.  On 31 January 1999, the applicant was retired due to sufficient length of service.  He had attained the rank of staff sergeant, pay grade E-6, and had completed 20 years and 5 days of creditable active duty service.

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides, in pertinent part, that retired Soldiers who have less than 30 years of active service, whose active service plus service on the Retired List total 30 years, are entitled to be advanced on the Retired List to the highest grade in which they satisfactorily served while on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served on active duty in pay grade E-7 and should be advanced on the Retired List to this pay grade.

2.  The evidence of record shows that the applicant was promoted to pay grade E-6 and had performed duty in a position requiring the knowledge and skills of an E-7.  However, there is no evidence showing that the applicant was ever promoted to sergeant first class, pay grade E-7.

3.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  __X____  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090006782



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ABCMR Record of Proceedings (cont)                                         AR20090006782



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