| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Karen A. Heinz | Member |
APPLICANT REQUESTS: Promotion to First Sergeant, pay grade E-8, retroactive to June 1, 1958, with back compensation and interest.
APPLICANT STATES: That he served as the First Sergeant of each unit to which he was assigned from 24 September 1955, to the day he was placed on the retired list, 20 January 1966. He had been promoted to Master Sergeant, pay grade E-7, on 24 September 1957. His conduct and efficiency were always rated as excellent. His pay grade was not converted.
He provides copies of pertinent documents from his military record to include his promotion order to “Master Sergeant (Grade E-7).” He provides an affidavit from a service member and one from himself which together certify that he was a Master Sergeant serving in the duty position of First Sergeant of the
429th Chemical Detachment from 24 September 1965 through 31 December 1965. He sends a photo of a Army Class A Uniform blouse with Master Sergeant chevrons on the sleeves.
He provides a copy of a letter from the U. S. Army Reserve Personnel Command, Transition and Separations Branch, dated 9 February 2000, which provides an answer to his request to be advanced on the Retired List. The letter states, “On October 1, 1949, the enlisted pay grades were established. At that time, E-7 was the pay grade for the title of Master Sergeant (MSG). With the grade revision of June 1, 1958, the title for the pay grade E-7 was changed to Sergeant First Class. After a conversion period, all soldiers holding the title of Master Sergeant E-7, and who had not been promoted to the new pay grade of E-8, were converted to Sergeant First Class E-7. Accordingly, you are receiving retired pay in the correct pay grade of Sergeant First Class E-7. Unfortunately, there are no laws or regulations which would permit your advancement on the retired list.”
EVIDENCE OF RECORD: The applicant's military records show:
That he served on two tours of active duty and two tours of Reserve duty from
4 January 1943 through 23 September 1955. He continued to serve in Reserve Troop Program Units (TPU) from 24 September 1955, until he was transferred to the Retired Reserve in 1966.
The applicant was promoted through the ranks to “Master Sergeant (Grade E-7)” on 24 January 1957, by Headquarters, 909th Quartermaster Company, Orders Number 1, dated 24 January 1957. He served in TPU duty positions of First Sergeant. On 17 January 1966, he was transferred to the Retired Reserve as a “Master Sergeant (E-7)” by Headquarters, XII U. S. Army Corps, Special Orders
Number 31, dated 11 February 1966. There is no record of promotion or consideration of promotion to pay grade E-8. His DA Form 3713 (Data for Retired Pay), dated 26 November 1986, shows the highest (pay) grade attained was pay grade E-7.
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 applicant was promoted to pay grade E-7 on 24 January 1957. At that time, the title for pay grade E-7 was Master Sergeant. On 1 June 1958, the title for pay grade E-7 was changed by Army regulation from Master Sergeant to Sergeant First Class. The titles of pay grades were converted; pay grades were not converted. The applicant retained his title of “Master Sergeant (E-7)” through his transfer to the Retired Reserve but he was never promoted to pay grade E-8. His correct highest grade to which he was promoted and in which he served was E-7. He is not entitled to pay grade E-8.
2. The applicant served in the duty position of First Sergeant, but there is no evidence that he was ever promoted to the rank and pay grade of First Sergeant (E-8). Any grade noncommissioned officer may be assigned to the duty position of First Sergeant but assignment to that duty position does not entitle or authorize a noncommissioned officer to be promoted to the rank and grade of First Sergeant (E-8).
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
_aao____ _mhm____ _kah___ DENY APPLICATION
| CASE ID | AR2001062085 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020129 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131 - Promotion |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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The applicant requests that the records of her late husband, the former service member (FSM), be corrected to show that he was a master sergeant (MSG). He was then promoted to sergeant (temporary) on 7 May 1955, to sergeant first class (SFC) (both temporary and permanent) (pay grade E-6) on 21 August 1958, and to SFC (both temporary and permanent) (pay grade E-7) on 27 June 1966. The records conclusively show that the FSM was never promoted to the rank of MSG, pay grade E-8.
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