RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 July 2004
      DOCKET NUMBER:  AR2004099969


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Eric N. Anderson              |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his retirement DD Form 214
(Certificate of Release or Discharge From Active Duty) be corrected to show
that he retired as a Master Sergeant (MSG/E-8), and that he was awarded the
Meritorious Service Medal (MSM).

2.  The applicant states, in effect, that he was promoted from Sergeant
First Class (SFC/E-7) to MSG and that he was awarded the MSM upon the
occasion of his retirement from active duty.

3.  The applicant provides a copy of his DD Form 214; a copy of his
promotion orders to pay grade MSG/E-8, dated 10 June 2003; and a copy of
his MSM Certificate.

CONSIDERATION OF EVIDENCE:

1.  On 6 August 1987, the applicant enlisted in the Regular Army and served
continuously on active duty until he was separated on 31 August 2003 and
placed on the retired list on 1 September 2003.  He was separated and
retired as an SFC.

2.  Order Number 161-2, Headquarters, US Total Army Personnel Command,
dated 10 June 2003, promoted the applicant to MSG effective 1 July 2003.
The order states "Acceptance of promotion constitutes acceptance of the 2-
year service remaining requirement from the effective date of the
promotion."

3.  Order Number 182-2, Headquarters, US Total Army Personnel Command,
dated 1 July 2003, revoked the applicant's promotion.

4.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) cites the
following criteria for promotion to MSG/E-8:

      a.  Soldiers promoted to MSG will incur a 2-year service requirement
from the effective date of promotion, unless soldiers are in one of the
following categories:

      (1) Eligible for retirement based on the retention control point
(RCP) for the recommended grade.

      (2) Already eligible through prior service for a higher grade at time
of retirement.

      (3) Age 55 or older.

      b.  The service requirement will begin on the effective date of
promotion.  Soldiers not having sufficient time remaining must reenlist or
decline promotion in accordance.

      c.  Soldiers selected for promotion will be promoted on the last day
of the month before being placed on the retired list if their sequence
number has not been reached and they are in one of the following
categories:

      (1) Will complete 30 years of active Federal service.

      (2) Will have reached age 55.

      (3) Reach the promotable RCP while on a promotion list.

5.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) mandates
removing a promotion to MSG/E-8 based on one or more of the following
criteria:

      a.  Soldier is reduced.

      b.  Soldier is discharged from enlisted status to accept appointment
as a commissioned or warrant officer.

      c.  Soldier is discharged without reentry within 24 hours.

      d.  Soldier is dropped from the rolls as a deserter.

      e.  Soldier has an approved retirement.

      f.  Soldier is ineligible to reenlist due to a DCSS, AWOL,
confinement, local bar, qualitative management program, or court-martial
conviction.

      g.  Soldier was considered in error (no exception authorized).

      h.  Soldier was recommended by an approved reduction board to be
removed from a promotion list.

      i.  Soldier declines promotion in accordance with this regulation.

      j.  Soldier is defined as failing to attend, having failed to
complete for cause or academic reasons or being denied enrollment to the
required NCOES course for cause.

      k.  Soldier is promotable, but loses his/her security clearance for
cause, or is permanently disqualified from receiving a security clearance.

6.  The copy of the MSM Certificate clearly shows that the applicant was
cited for "faithful and honorable" service over his entire career and was
issued on the occasion of his retirement from active service.  It cites
Permanent Orders 196-009, Commander, XVIII Airborne Corps, Fort Bragg,
North Carolina, dated 15 July 2003 as the issuing authority, and the Corps
Commander signed it.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's promotion orders to MSG were published in error; he was
in a non-promotable status at the time based on his approved retirement
date.  The revocation orders correctly revoked his erroneous promotion.

2.  The applicant was awarded the MSM upon the occasion of his retirement
from active duty.  This award should be reflected on his DD Form 214.

BOARD VOTE:

__wtm___  __bje___  __ena___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that he was awarded the MSM.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the rank of the individual concerned from SFC to MSG.



                 Walter T. Morrison
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004099969                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040722                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |131.0200                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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