RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 January 2006
      DOCKET NUMBER:  AR20050006442


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      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, reconsideration of his request to be
promoted to master sergeant/E-8 (MSG/E-8).

2.  The applicant states, in effect, the decision of the Board was not
correct and he believes he had an excellent record and should have been
promoted to the higher grade.  He also claims that all his awards are not
included in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of his separation document (DD
Form 214), and that the Noncommissioned Officer (NCO) School he completed
was not documented in Item 25 (Education and Training Completed).  He
further states that the DD Form 214 he was issued indicates he held the
rank and pay grade of sergeant first class/E-7 (SFC/E-7) even though a
letter he received from the Board indicated his rank and pay grade should
have been listed as MSG/E-7.

3.  The applicant provides a self-authored letter; the Board’s Record of
Proceedings, dated 8 February 2005; and a copy of his separation document
(DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040001255, on 8 February 2005.

2.  During its original review of this case, the Board found no
substantiating evidence to support the applicant’s contention that he was
inadvertently left off the consolidated promotion list for promotion to the
pay grade E-8.  It further found the evidence of record confirmed the
applicant had never been promoted above the pay grade E-7 while he was
serving on active duty.  The Board finally concluded that the applicant had
failed to submit evidence showing his record was in error or unjust.

3.  In his statement containing his new argument for reconsideration, the
applicant outlines his assignment history, and he explains the reasons for
his not being promoted while on active duty.  He also indicates that the
Board’s finding that he was never qualified for, or recommended for
promotion represented incorrect thinking on the part of the Board, and he
claims that everyone in the Army is qualified for promotion if recommended.


4.  The applicant further argues, in effect, that he had an excellent
record that qualified him for promotion to the next higher grade, and he
should have been promoted, which he claims is further supported by his
combat service and the awards he received while on active duty.

5.  The applicant’s record shows he was initially inducted into the Army
and entered active duty on 18 January 1949.  He continuously served for 2
years and 9 months until being honorably separated on 1951.  During this
period, he served in MOS 717.70 (Administrative Specialist).

6.  On 2 January 1952, the applicant enlisted in the Regular Army and
reentered active duty.  He was awarded the primary MOS 71H (Personnel
Specialist) on
24 January 1952, and he served in various personnel positions through his
release from active duty (REFRAD) for retirement on 31 May 1969.

7.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 27 (Military Education), that he completed the NCO Academy at Fort
Bragg, North Carolina in 1959.  Item 33 (Appointments and Reductions) shows
he was promoted to the rank and pay grade of MSG/E-7 on 31 August 1953, and
that his rank title was changed from MSG to SFC on 23 May 1968, in
accordance with Department of the Army (DA) Message 865848, with no change
in pay grade.  There is no indication that the applicant was ever promoted
to the pay grade of E-8 while he was serving on active duty.

8.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his active duty tenure:  Army
Commendation Medal (ARCOM); Korean Service Medal (KSM) with 3 bronze
service stars; United Nations Service Medal (UNSM); Bronze Star Medal
(BSM); Army Good Conduct Medal (AGCM) 5th Award; Armed Forces Expeditionary
Medal (AFEM); National Defense Service Medal (NDSM) 2nd Award; Expert
Qualification Badge with Rifle Bar; and Sharpshooter Qualification Badge
with Carbine Bar.  These awards are supported by orders and other documents
on file in his Military Personnel Records Jacket (MPRJ).

9.  The applicant’s MPRJ is void of any documents or orders indicating that
he was ever added to a promotion standing list for promotion to the pay
grade of
E-8, or that he was ever promoted to a pay grade above E-7 while he was
serving on active duty.

10.  The MPRJ contains a letter from The Adjutant General (TAG), which
confirmed the applicant’s retirement was approved and announced in DA
Special Orders (Extract) Number 87, Paragraph 275, dated 6 May 1968.  These
orders approved the applicant’s REFRAD for retirement on 31 May 1969, and
his placement on the retired list on 1 June 1969.

11.  DA Special Orders (Extract) Number 87, Paragraph 275, also verified
that the applicant’s retirement grade would be SFC/E-7, and a Data for
Retired Pay (AGPZ Form 977) prepared by DA during his retirement processing
also confirms he held the rank of SFC and the pay grade of E-7 at the time,
and that he would be retired in that rank and pay grade.

12.  On 31 May 1969, the applicant was honorably REFRAD for the purpose of
voluntary retirement.  The DD Form 214 he was issued at the time confirms
he completed a total of 20 years, 1 month, and 29 days of active military
service.  Item 5a (Grade, Rate or Rank) and Item 5b (Pay Grade) show he
held the rank and pay grade of SFC/E-7 on the date of his separation.  Item
24 shows that he earned the AFEM and AGCM (5th Award) during the period
covered by the
DD Form 214 (16 July 1966 through 31 May 1969).  Item 25 (Education and
Training Courses Completed) contains the entry “None”.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reconsideration of his request for
promotion to the pay grade of E-8 was carefully considered.  However, there
is an insufficient evidentiary basis to support a change to the Board’s
original findings and conclusions on this matter.

2.  The evidence of record confirms the applicant was promoted to the rank
and pay grade of MSG/E-7 on 31 August 1953, and that his rank title was
changed to SFC on 23 May 1968 in accordance with guidance contained in DA
Message Number 865848.  As a result, absent any indication that he was ever
added to a valid promotion standing list, or promoted to the pay grade of E-
8 while he was serving on active duty, there is an insufficient evidentiary
basis to support his promotion at this late date.

3.  The evidence of record does show that all the applicant’s awards and
his completion of the NCO Academy at Ft Bragg in 1959 were not recorded on
his final DD Form 214.  The omission of these entries is an administrative
matter that does not require Board action.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JI ___  ___WFC    ___GJP__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR regarding his promotion to the pay grade of E-8 as set forth in
Docket Number AR20040001255, dated 8 February 2005.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by amending his 31 May 1969 DD Form 214 as follows:  Item 24 -
delete the current entry and replace it with the entry “Army Commendation
Medal, Korean Service Medal with 3 bronze service stars, United Nations
Service Medal, Bronze Star Medal, Army Good Conduct Medal (5th Award),
Armed Forces Expeditionary Medal, National Defense Service Medal (2nd
Award), Expert Qualification Badge with Rifle Bar, Sharpshooter
Qualification Badge with Carbine Bar” and Item 25 - delete the current
entry and replace it with the entry “Noncommissioned Officer Academy,
4 weeks, Fort Bragg North Carolina 1959”; and by providing him a correction
to his separation document that reflects these changes.




            ____John Infante________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006442                           |
|SUFFIX                  |                                        |
|RECON                   |AR20040001255  2005/02/08               |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/05/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  310  |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]