MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 August 2001
         DOCKET NUMBER: AR2001056927

         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Linda D. Simmons		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: That he be promoted to the pay grade of E-7 and placed on the Retired List in that pay grade effective 1 March 1964.

APPLICANT STATES: In effect, that he was unjustly denied promotion to the pay grade of E-7 because of a reclassification mistake that was made in his rank and military occupational specialty (MOS), the failure to record his completion of the Advanced Leaders Course in his records and the omission of an Army Commendation Medal that was awarded to him in 1998. He goes on to state that he was on the top of the promotion list and at a time when a vacancy was to occur that would have resulted in his being promoted next in line, his promotion points were recomputed and the person below him was promoted instead. He continues by stating that had he received credit for those items he would have been promoted to the pay grade of E-7 and allowed to retire in that pay grade. He also states that he continuously tried to have his records corrected while on active duty but was unsuccessful in his endeavors. In support of his application he submits copies of his reclassification orders which changed him from a Noncommissioned Officer (NCO) to a specialist in 1955 and was not corrected until 1961, a copy of his completion of the Advanced Leaders Course, a copy of his award of the Army Commendation Medal presented in 1998 for service during the period of 1953 to 1954, two letters of commendation and appreciation, copies of his separation documents (DD Form 214), two third party statements and a copy of his soldier’s qualification record (DA AGO Form 20).

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

He was inducted on 18 March 1943 and entered active duty on 25 March 1943. He served as a light vehicle driver until he was honorably discharged in the rank of private first class on 18 March 1946.

On 18 February 1947 he enlisted in the Regular Army and was classified as a clerk typist. He remained on active duty through a series of continuous reenlistments and was promoted to the rank and pay grade of Sergeant First Class (SFC) E-6 on 24 March 1952.

On 12 July 1954, the applicant was presented an award of the Commendation Ribbon with Metal Pendant for meritorious service during the period of 6 April 1953 to 19 June 1954.

On 1 July 1955 an Army-Wide conversion of enlisted ranks was implemented to integrate the newly created specialist ranks. As a result, the applicant was converted from a SFC (E-6) to a specialist first class (SP1).

On 18 March 1957, the applicant appeared (with counsel) before a board of officers who were appointed to determine the proper primary MOS and grade of the applicant. The board determined that the applicant was qualified for award of MOS 717.60 (administrative specialist) and retention of specialist status.

On 20 March 1961 an amendment to orders was published which returned the applicant to the rank of SFC E-6. The amendment indicates that there was no authorization for an SP1 rating in the administrative field.

A review of the applicant’s records indicates that for the majority of his career (less first period of service) he served in a variety of positions ranging from classification specialist, recruiting specialist, personnel management supervisor, clerk typist and chief clerk. His records also contain all of the documents he has submitted (less third party statements); however, there is no indication that he was on a promotion standing list or any indication of how his promotion scores were computed.

On 29 February 1964 he was honorably released from active duty in the rank of SFC (E-6) and was transferred to the United States Army Reserve (USAR) Control Group (Retired) effective 1 April 1964. He had served 20 years and 14 days of total active service.

On 28 August 1998, the applicant was issued/awarded an Army Commendation Medal by the Department of the Army for the period of 6 April 1953 to 19 June 1954. The information contained in this award is identical to that contained in the award of the Commendation Ribbon with Metal Pendant awarded to the applicant in 1954.

The supporting statements submitted by the applicant consists of a letter from a retired master sergeant who states that he was assigned to the Basic Army Administration Course at the same time that the applicant’s promotion score was recomputed and he was moved from first place to second place. He states that he had just assumed at the time that the applicant agreed with the recomputation. He also states that the applicant was well qualified for promotion to the next higher grade. The other supporting statement is from a retired warrant officer who worked for the applicant when he was a private and contends that the applicant is well deserving of the promotion.

Army Regulation 600-8-22 serves as the authority for decorations and awards. It provides, in pertinent part, that the Army Commendation Ribbon with Metal Pendant was redesignated by Department of the Army General Orders 10, 31 March 1960 as awards of the Army Commendation Medal.





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. 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.

2. The applicant’s contention that the absence of the award of the Army Commendation Medal from his records, that he was presented in 1998, contributed to his not being promoted, appears to be without merit. That award was simply a duplication of the Commendation Ribbon with Metal Pendant that he was awarded in 1954 and that was contained in his records. The Commendation Ribbon with Metal Pendant was subsequently changed to the Army Commendation Medal on 31 March 1960.

3. The documents submitted by the applicant indicating the changes to his rank and MOS as well as his completion of the Advanced Leaders Course are also contained in his records. Therefore, it is reasonable to presume that this information was taken into consideration at the time his promotion scores were computed. The Board also notes that the applicant was experienced in the personnel/administrative field and should have been aware of the procedures in effect at the time to compute promotion scores and the steps necessary to correct such errors. There is no evidence in the available records to show that the applicant ever challenged the promotion scores that he contends were changed.

4. The Board finds that given the passage of time that has elapsed since the applicant’s retirement (37 years) and the absence of evidence to show that his scores were computed improperly while he was on active duty, there is no basis to grant him a promotion to the pay grade of E-7 at this time.

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

___lds___ __rvo___ ___cp ___ DENY APPLICATION

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

---

INDEX

CASE ID	AR2001056927
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/08/30
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 319	131.0900/ADV IN GRD
2.
3.
4.
5.
6.