ABCMR Memorandum of                                                             AR2002078622
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002078622

	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. William Blakely | | Analyst

  The following members, a quorum, were present:

| Mr. Roger W. Able | | Chairperson
| Ms. Karen Y. Fletcher | | Member
| Mr. Bernard P. Ingold | | 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 records be corrected to show that he retired with the rank title of command sergeant major (CSM).

APPLICANT STATES:  In effect, that his date of rank (DOR) to sergeant major (SGM ) was July 1972, and he was serving as a CSM prior to his retirement; however, he advised the post CSM not to submit his appointment to CSM because he was retiring.  In support of his application, he submits a copy of his retirement orders and his Personnel Qualification Record (DA Form 2-1).

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

On 31 May 1974, the applicant was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years and 16 days of active military service. 

The applicant’s DA Form 2-1 confirms, in block 18 (Appointments and Reductions), that the highest rank and pay grade he attained while serving on active duty was sergeant major/E-9 (SGM/E-9).  

A Data For Retired Pay (DA Form 3713), prepared on the applicant during his retirement processing, contains the entry SGM/E-9 in Item 2 (Active Duty Grade), Item 3 (Retired Grade), Item 8 (Highest Grade Attained), and Item 10 (Retired Pay).  These entries verify that SGM/E-9 was the rank and pay grade he held on the date of his REFRAD, and that he was placed on the Retired List in that rank and pay grade on 1 June 1974.

The separation document (DD Form 214), issued to and authenticated by the applicant with his signature on the date of his separation confirms that at the time of his separation he held the rank and pay grade of SGM/E-9. 

The applicant provides a copy of Item 38 (Records of Assignment) of his 
DA Form 2-1, which indicates he served in a CSM position of CSM at Fort Jackson, South Carolina.  However, the separation order on file in the applicant’s Military Personnel Records Jacket (MPRJ) confirms that his retired rank and pay grade was SGM/E-9.  In addition, there are no other documents on file that suggest that the applicant was ever formally selected for the CSM program or appointed to that rank title while he was serving on active duty prior to his REFRAD and retirement.  

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).

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

1.  The Board notes the applicant’s contention that his records should be corrected to show the rank title of CSM based on having served in a CSM position and because he voluntarily chose not to have his name submitted for the CSM program because he planned retirement.  However, it finds an insufficient evidentiary basis to grant the requested relief. 

2.  The evidence of record shows that the applicant was not selected for appointment to CSM while he was still on active duty, and that he was placed on the Retired List in the rank title of SGM in accordance with the applicable law and regulations in effect at the time.  Therefore, the Board finds no error or injustice related to his assigned retired rank title of SGM.

3.  The Board notes and certainly recognizes the applicant’s outstanding performance of duty and service to this country, and that he served in a command position as a SGM.  However, given he was never selected for participation in the CSM program or appointed to that rank title, the Board is compelled to deny the requested relief in the interest of all those who served and faced similar circumstances. 

4.  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.

5.  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

__RWA__  __KYF___  __BPI__  DENY APPLICATION

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

INDEX

CASE ID | AR2002078622
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2002/12/12
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR .  .  .  .  .
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 129.0400
2. |
3. |
4. |
5. |
6. |