| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: In effect, that he be advanced on the Retired List to the pay grade of E-8.
APPLICANT STATES: In effect, that he served in positions calling for the pay grade E-8 after being recalled to active duty and was selected to be a first sergeant. In support of his application, he submits of letters of appreciation, orders awarding him the Good Conduct Medal (4th Award), his Enlisted Qualification Record (DA Form 20), and a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD From 214), dated 10 July 1968.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered the Army on 16 August 1949 and continuously served until being honorably released from active duty (REFRAD), for the purpose of retirement, on 30 November 1964. At that time he had had completed 20 years and 7 days of active military service and held the rank of sergeant first class and pay grade E-6 (SFC/E6). His separation document confirms that during this period of service he had been awarded the Good Conduct Medal (4th Award) and National Defense Service Medal with 1 bronze service star.
On 11 July 1966, the applicant was recalled to active duty under the provisions of the Voluntary Recall Program for Retired Personnel, in the rank of SFC and the pay grade E-7. He remained on active duty until 10 July 1968 when he was honorably REFRAD for the purpose of being returned to the Retired List. On the day following his REFRAD he was transferred back to the Retired List, this time in the pay grade of E-7. His record contains no suggestion that he was ever promoted to, held, or served in pay grade higher than E-7 while serving on active duty.
Title 10, United States Code, Section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which he served on active duty satisfactorily. The term “highest grade in which he served on active duty satisfactorily” does not apply to a member who simply served in a position calling for a higher rank and pay grade, in order to meet the satisfactory service provisions of the law a member must have actually been promoted, paid, and served in the higher grade while on active duty.
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 evidence of record shows that the applicant was recalled to active duty in the rank of sergeant first class, pay grade of E-7, which is the highest rank to which he was actually promoted, paid as, and served in while on active duty. Therefore, in accordance with the applicable statutory provisions he is not entitled to advancement to a higher grade on the Retired List.
2. His contention that he should be advanced on the Retired List because he served in positions of higher rank during his military career is without merit.
Service in a higher position does not provide a legal basis for advancement on the Retired List.
3. 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
__JNS__ __ MVT __ __WDP__ DENY APPLICATION
| CASE ID | AR2001056806 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/07/24 |
| 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. | 129.07 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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