RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 August 2006
      DOCKET NUMBER:  AR20060001064


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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, that his retired pay grade be
changed from E-6 to E-7.

2.  The applicant states, in effect, that he is receiving retired pay based
on the pay grade of E-6; however, a sergeant first class (SFC) currently
holds the pay grade E-7.

3.  The applicant provides a separation document (DD Form 214) in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 March 1964, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case is dated
10 January 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 31 March 1964, the applicant was REFRAD for the purpose of
retirement after completing a total of 20 years and 15 days of active
military service.  The DD Form 214 he was issued at the time confirms he
held the rank and pay grade of sergeant first class/E-6 (SFC/E-6) on his
separation date.  The applicant authenticated this document with his
signature on the date of his separation.

4.  The applicant's Service Record (DA Form 24), which documents his record
of service from 13 January 1950 through 2 May 1964, confirms in Section I
(Appointments, Promotions, or Reductions), that he was temporarily promoted
to the rank of SFC with a corresponding pay grade of E-6 on 3 May 1958 and
that this promotion was made permanent on 2 August 1963.  The record
confirms this is the highest rank he held and served in while on active
duty.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains an
Application for Retirement (DA Form 2339), dated 12 December 1963, which
confirms that he requested voluntary retirement, in the rank of SFC and pay
grade of E-6, on 31 March 1964.  It also verifies that his grade at
retirement would be SFC/E-6.  In addition, there is an Office of the
Adjutant General (OTAG), Department of the Army (DA), letter, dated 6
February 1964, on file that approved the applicant's retirement.  Enclosed
with this letter, is an extract of DA Special Orders Number 34, which
authorized his retirement in the rank of SFC and pay grade of E-6, and his
placement on the Retired List in that rank and pay grade on 1 April 1964.

6.  In 1958, the Army changed the enlisted rank structure.  This resulted
in the rank title of master sergeant (MSG) corresponding with the pay grade
of E-8; the rank title of SFC corresponding to the pay grade E-7; and the
rank title of
staff sergeant (SSG) corresponding to the pay grade E-6.  However, this
structure change did not impact either the rank title or the pay grade of
personnel that had been promoted prior to the change, which is the
operative policy in this case.  In other words, unless subsequently
promoted under the new system, members who had been promoted to MSG and SFC
prior to the 1958 change retained those rank titles and the pay grades that
were applicable prior to the change, which were E-7 for MSG and E-6 for
SFC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his retired pay grade should be changed
from E-6 to E-7 was carefully considered.  However, there is insufficient
evidence to support this claim.

2.  At the time of the 1958 change to the Army’s enlisted structure, the
governing policy provided for members, who had been promoted to MSG and SFC
prior to the 1958 change, to retain those rank titles and the pay grades
that were applicable prior to the change, which were E-7 for MSG and E-6
for SFC, unless they were subsequently promoted under the new system.

3.  The evidence of record confirms that the applicant was last promoted to
the rank of SFC with a corresponding pay grade of E-6 on 3 May 1958, and
that this is the highest rank and pay grade he held on active duty.  It
also verifies that he was not promoted subsequent to the 1958 Army enlisted
rank structure change.  He held the rank of SFC and pay grade E-6 on the
date of his REFRAD for the purpose of retirement, 31 March 1964 and was
placed on the Retired List in that rank and pay grade on 1 April 1964.  As
a result, there is an insufficient evidentiary basis to support granting
the requested relief.
4.    Records show the applicant should have discovered the alleged error
or injustice now under consideration on 31 March 1964, the date of his
REFRAD for retirement.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 30 March 1967.  He failed
to file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SLP__  __RML__  __JGH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Shirley L. Powell ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001064                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1964/03/31                              |
|DISCHARGE AUTHORITY     |AR 635-200 C12                          |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  302  |129.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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