IN THE CASE OF:	  

		BOARD DATE:	       13 November 2008

		DOCKET NUMBER:  AR20080010350 


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 that he be advanced to the grade of Sergeant First Class (SFC/E-7) on the Retired List.

2.  The applicant states, in effect, he performed the duties of a Platoon Sergeant with distinction.  Platoon Sergeant is normally an E-7 billet and he was promised he would be promoted.  Instead he was removed from his duties as a Platoon Sergeant and assigned as a Squad Leader.

3.  The applicant provides:

	a.  A two-page “Narrative.”

	b.  Four DA Forms 2166-6 (Enlisted Evaluation Report).

	c.  DA Form 1059 (Service School Academic Evaluation Report).

	d.  Two DA Forms 1379 (Unit Record of Reserve Training)

	e.  A diploma, dated 18 May 1984.

	f.  A Certificate of Training, dated April 1984.

	g.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

	h.  A DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Army National Guard and received a 20-Year Letter notifying him of his entitlement to non-regular retired pay at age 60.  He was transferred to the Retired Reserve and, on 24 October 2002, he became eligible for non-regular retired pay.  He made application on 14 February 2004.

2.  The applicant’s highest rank was Staff Sergeant (SSG/E-6); he was promoted to that rank on 15 September 1976.  In 1985, his principal duty was changed to that of Platoon Sergeant with Troop C, 1st Squadron, 104th Cavalry, Philadelphia, PA.  He held this assignment for slightly more than 1 year before reverting to a principal duty of Section Leader and Squad Leader.

3.  There is no record of the applicant ever being promoted beyond the rank of SSG.

4.  10 USC § 3964 provides each retired member of the Army who is retired with less than 30 years of active service is entitled, when his/her active service plus service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he/she served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he/she served on full-time duty satisfactorily), as determined by the Secretary of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is requesting advancement on the Retired List from SSG to SFC.

2.  In order to be advanced on the Retired List to the highest grade held satisfactorily, the applicant would have had to actually hold that higher grade.  Simply stated, he must have been promoted to and paid in that rank and grade, and he must have served at that grade for the required statutory or regulatory period of time.  Merely serving in, “acting as,” or holding a position or job title authorized a higher grade is not sufficient.

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.


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.



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      _______ _   _______   ___
               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)                                         AR20080010350





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ABCMR Record of Proceedings (cont)                                         AR20080010350



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