| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his pay grade be changed from E-4 to E-5.
APPLICANT STATES: In effect, that orders changing his pay grade from E-4 to E-5, dated 1 October 1971, showing his promotion were not received to change his rank until after he was discharged. In support of his application, he provides the enclosed appointment order, published on 1 October 1971.
EVIDENCE OF RECORD: The applicant's military records show:
He served on active duty in the Regular Army for 2 years, 11 months, and
15 days, from 17 February 1969 to 31 January 1972, at which time he was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group, Reinforcement (IRR).
The separation document (DD Form 214), issued to the applicant on the date of his REFRAD, confirms that on that date he held the rank and pay grade of specialist four/E-4 (SP4/E-4). His Enlisted Qualification Record (DA Form 20) confirms that he was promoted to the rank and pay grade of SP4/E-4 on
8 September 1970, and that this was the highest rank and pay grade he attained while serving on active duty.
In addition, there are no documents on file in the applicant’s Military Personnel Records Jacket (MPRJ) that give any indication that he ever held or served in a rank and pay grade above SP4/E-4. The last promotion order in the MPRJ, dated 11 September 1970, authorized his promotion to SP4/E-4, effective
8 September 1980. The applicant provides a copy of an appointment order, dated 1 October 1971, which authorized his appointment as an acting noncommissioned officer (NCO) in the grade E-5.
Upon his REFRAD the applicant was transferred to the USAR IRR and on
2 May 1973, he was transferred to a USAR Troop Program Unit (TPU). The order authorizing this transfer indicates that at that time he held the rank and pay grade of SP4/E-4. On 16 February 1975, he was honorably discharged from the USAR at the expiration of his term of service. On the date of his discharge he still held the rank and pay grade of SP4/E-4.
Army Regulation 600-200, in effect at the time, prescribed policies, responsibilities, and procedures for the career management of Army enlisted personnel. Chapter 7 contained enlisted promotion policy and paragraph 7-10 provided unit commanders the authority to appoint individuals as acting NCOs. However, paragraph 7-10d specifically stated, in pertinent part, that acting NCOs were not entitled to pay and allowances for such higher grades, and that service would not be credited as time in a higher grade for promotion or date of rank purposes.
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 Board notes the applicant’s contention that his grade should be changed from E-4 to E-5. However, while the regulation, in effect at the time, authorized unit commanders to appoint individuals as acting NCOs, it clearly stipulated that these appointments did not authorize pay and allowances in the higher grade and would not be credited for promotion and date of rank purposes.
2. Notwithstanding the valid appointment order provided by the applicant, which confirms he was appointed an acting NCO, it is clear from the evidence of record that the highest rank and pay grade he attained while serving on active duty was SP4/E-4. Further, it is also clearly established that SP4/E-4 was the highest rank he held in the USAR subsequent to his REFRAD. Therefore, the Board finds the requested relief is not warranted.
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
__WTM _ __AAO __ __JTM__ DENY APPLICATION
| CASE ID | AR2001057039 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/07/31 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1972/01/31 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | Overseas Returnee |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 803 | 144.9213 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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