| 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 pay grade E-8.
APPLICANT STATES: In effect, that he served in an E-8 position as a first sergeant in a combat command position. He states that because of his current health problems and record of service favorable consideration should be given to his request for advancement on the Retired list to pay grade E-8. In support of his application, he submits a copy of his Enlisted Qualification Record (DA Form 20), two enlisted efficiency reports (EERs), three Armed Forces of the United States Reports of Transfer or Discharge (DD Form 214), a copy of his certificate of retirement, and associated medical and educational documents.
EVIDENCE OF RECORD: The applicant's military records show:
On 28 February 1974, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing a total of 20 years, 1 month, and 25 days of active military service. His record shows that during his active duty tenure he served in military occupational specialty (MOS) 31G (Tactical Communication Chief) and earned the Meritorious Service Medal; Bronze Star Medal; Good Conduct Medal (4th Award); Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal; and Republic of Vietnam Campaign Medal with 60 Device. In addition, it confirms that the highest rank and pay grade he attained while serving on active duty was sergeant first class/E-7.
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. In order to meet the satisfactory service provisions of the law a member must have actually been promoted to, be paid as, and served in the higher rank and pay grade while on active duty. Serving in a position calling for a higher pay grade alone does not satisfy the satisfactory service provision of the law.
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 placed on the Retired List in the rank and pay grade of sergeant first class/E-7, which is the highest rank and pay grade to which he was actually promoted, paid as, and served in during his active duty tenure. Therefore, he is not entitled to advancement to a higher grade on the Retired List in accordance with the applicable statutory provisions of the law.
2. The Board wishes to congratulate and thank the applicant for his 20 years,
1 month, and 25 days of outstanding service to his country. However, his current health problems and his outstanding service do not provide a sufficient legal or regulatory basis for his advancement on the Retired List.
3. In addition, by law and regulation, service in a higher position alone does not qualify for advancement on the Retired List nor does it serve as a basis for changing the applicant’s retired grade. Thus, the Board is compelled to deny the requested relief.
4. 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 | AR2001057773 |
| 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. | 129.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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