IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080009671
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, the widow of the Former Service Member (FSM), requests, in effect, that her husbands pay grade be corrected from pay grade E-7 to pay grade E-8 on his separation document (DD Form 214).
2. The applicant states that his Military Identification (ID) Card shows he was pay grade E-8.
3. The applicant provides the FSMs death certificate, his military ID card which shows he was a master sergeant/pay grade E-8, and his separation document (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. The FSMs military records show that he enlisted on 22 August 1956, and was promoted to pay grade E-7 on 21 September 1966.
2. On 1 June 1976, orders were published promoting the FSM to pay grade E-8 with a date of rank of 29 June 1976. The special instructions on those orders stated Prm indiv [Promoted individual] automatically incurs 2-year service obligation prior to vol [voluntary] nondisability retirement IAW para [in accordance with paragraph] 7-45 AR 600-200 and DA MSG [Department of the Army Message] 042040Z Aug 1972.
3. The FSM was honorably released from active duty on 31 August 1976 and placed on the Retired List the following day.
DISCUSSION AND CONCLUSIONS:
1. The FSM was promoted to pay grade E-8 while he was on active duty; however, based on his voluntary retirement, he did not serve on active duty in that grade for the 2 years necessary to retire in that grade as specified in his promotion orders.
2. As such, his DD Form 214 correctly shows him in pay grade E-7.
3. In view of the foregoing, there is no basis for correcting the FSMs records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ____X___ ___X___ 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 for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009671
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ABCMR Record of Proceedings (cont) AR20080009671
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