| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Raymond J. Wagner | Chairperson | ||
| Mr. Roger W. Able | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that he be promoted to the pay grade of E-8.
APPLICANT STATES: In effect, that he served as a first sergeant in a position authorized the pay grade E-8 on numerous occasions and his efforts are exemplified in several Enlisted Evaluation Reports and his Army Commendation Medals he received for his performance. He states that the Army has been his single most influential endeavor, and it offered him numerous opportunities for growth and development. In return, he gave 100 percent of himself to every task, assignment, and he availed himself of the leadership opportunities. He was able to accomplish two of his three goals. He received his Bachelor of Arts degree from Lamar University and he retired from the Army. However, his goal of being promoted to master sergeant/E-8 (MSG/E-8) eluded him. He claims that he served in the Army for 20 years, and his impeccable service record is reflected in his evaluation reports. He further indicates that he received three Army Achievement Medals, three Army Commendation Medals, and the Meritorious Service Medal. In support of his application, he submits a copy of his Bachelor of Applied Arts & Science degree, a copy of the citation that awarded him the Army Commendation Medal, and two evaluation reports (DA Forms 2166-6).
EVIDENCE OF RECORD: The applicant's military records show:
On 31 January 1992, the applicant was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years and 3 days of active military service.
The separation document (DD Form 214), issued to and signed by the applicant on the date of his separation, 31 January 1992, confirms that at that time he held the rank and pay grade of sergeant first class/E-7 (SFC/E-7), which he had been promoted to on 1 January 1984.
The DD Form 214 also shows that during his active duty tenure he earned the following awards and decorations: National Defense Service Medal with Bronze Service Star; Armed Forces Expeditionary Medal; Overseas Service Ribbon (2); Expert Field Medical Badge; Army Good Conduct Medal (6); Army Commendation Medal (2nd Oak Leaf Cluster); Noncommissioned Officer Professional Development Ribbon (3); and Army Achievement Medal
(2nd Oak Leaf Cluster).
The applicant’s Personnel Qualification Record (DA Form 2-1) confirms in block 18 (appointments and reductions) that SFC/E-7 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 pay grade while on active duty.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 12 sets policies and procedures for voluntary retirement of soldiers because of length of service. Paragraph 12-3b states, in pertinent part, that retirement will be in the Regular or Reserve grade the soldier holds on the date of retirement as directed in Title 10 of the United States Code, section 3961 (10 USC 3961).
Paragraph 12-6 (Advancement on the Retired List) contains guidance on the advancement of soldiers on the Retired List. It states, in pertinent part, that retired soldiers are entitled to be advanced on the Retired List to the highest grade they held and in which they satisfactorily served on active duty when their active service plus service on the retired list totals 30 years. The legal authority for this action is provided by Title 10 of the Untied States Code, section 3964
(10 USC 3964).
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board notes the applicant’s contention that he should be advanced on the Retired List to the rank of MSG/E-8 based on his service in a position authorized a higher pay grade and his exemplary military service. However, it finds insufficient evidence to support this claim.
2. By law, in order to be advanced on the Retired List it must be determined that a member satisfactorily served on active duty in a higher 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 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 he attained and in which he satisfactorily served while on active duty. Lacking independent evidence to the contrary, the Board finds the applicant does not meet 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
__RJW__ __RWA__ __JTM__ DENY APPLICATION
| CASE ID | AR2002076178 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/10/10 |
| 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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