| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Richard T. Dunbar | Member | ||
| Mr. Kenneth W. Lapin | Member |
APPLICANT REQUESTS: In effect, that he be promoted and advanced on the Retired List.
APPLICANT STATES: In effect, that he served in the rank and pay grade of master sergeant/E-8 (MSG/E-8) sergeant major/E-9 (SGM/E-9) for two years and six months. He states that while serving in these military occupational specialty (MOS) 54B (Chemical Operations Sergeant) positions authorized the higher grades, he received superior ratings and awards.
EVIDENCE OF RECORD: The applicant's military records show:
On 30 November 1992, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years, 5 months, and 5 days of active military service.
Promotion Order 110-60 dated 24 September 1987, issued by the Total Army Personnel Command (PERSCOM) confirms that the applicant was promoted to the rank and pay grade of sergeant first class/E-7 (SFC/E-7) on 1 November 1987, and that this is the highest rank and pay grade he attained while serving on active duty. In addition, there are no documents contained in his Military Personnel Records Jacket (MPRJ) that suggest he ever held or served in a higher rank and pay grade while on active duty.
The separation document (DD Form 214), issued to and signed by the applicant on the date of his separation, confirms that he held the rank and pay grade of SFC/E-7 and was serving in MOS 54 (Chemical Operations Sergeant) at that time. This document also that he earned the following awards during his active duty tenure: National Defense Service Medal (2nd Award); Army Service Ribbon; Republic of Vietnam Cross of Gallantry with Palm Unit Citation; Vietnam Service Medal; Republic of Vietnam Campaign Medal with 60 Device; Overseas Service Ribbon (6th Award); Army Commendation Medal (2nd Award); Meritorious Service Medal; Good Conduct Medal (5th Award); Army Achievement Medal
(3rd Award); Noncommissioned Officer Professional Development Ribbon (3rd Award); and Sharpshooter Marksmanship Badge (M-16 Rifle).
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 to, paid as, 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 Board notes the applicant’s contention that he should be promoted and advanced on the Retired List based on his service in a positions authorized a higher rank and pay grade. However, it finds insufficient evidence to support this claim.
2. By law, to be advanced on the Retired List it must be determined that a member satisfactorily served on active duty in a higher rank and pay grade. In order to receive a satisfactory service determination under this statutory provision, a member must have been promoted to, paid as, and satisfactorily served in a higher rank and pay grade while on active duty. Service in a position authorized a higher pay grade, and performing those duties associated with the higher rank does not alone serve as a basis for promotion or advancement on the Retired List.
3. The evidence of record confirms that the applicant was placed on the Retired List in the rank and pay grade of SFC/E-7, and that this is the highest rank and pay grade he attained, and in which he satisfactorily served while on active duty. Lacking independent evidence to the contrary, the Board finds insufficient evidence to show the applicant meets the satisfactory service provisions of the advancement law. Therefore, it concludes that the requested relief is not warranted in this case.
4. 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.
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
__RVO__ __RTD__ __KWL__ DENY APPLICATION
| CASE ID | AR2002070788 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/07/25 |
| 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. | 129.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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