IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140000694 


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 requests correction of the records of his deceased father, a former service member (FSM), to show he retired in the rank/pay grade of master sergeant (MSG)/E-8.

2.  The applicant states his father should have been retired in the rank of MSG and paid at the E-8 rate.  His father's military identification card, dated 9 May 1958, shows his rank as master sergeant (M/Sgt).

3.  The applicant provides:

* self-authored letter to the Army Review Boards Agency, dated 23 December 2013
* self-authored letter to the Defense Finance and Accounting Service, dated 15 September 2012
* FSM's death certificate
* applicant's mother's death certificate
* general power of attorney
* FSM's DA Form 1140 (Army Reserve Qualification and Availability Questionnaire), dated 15 November 1956
* Headquarters, U.S. Army Military District Indiana, Letter Orders 
Number 6-800, dated 26 June 1957
* FSM's letter to the Veterans Administration, dated 1 July 1957
* FSM's DD Form 220 (Active Duty Report), dated 7 July 1957
* FSM's Standard Form 88 (Report of Medical Examination), dated 26 November 1957
* FSM's Standard Form 89 (Report of Medical History), dated 26 November 1957
* FSM's Honorable Discharge Certificate, dated 26 November 1957
* FSM's DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 27 November 1957
* Headquarters, VI U.S. Army Corps (Reserve), Special Orders Number 17, dated 24 January 1958
* newspaper article, dated 16 October 1961
* Headquarters, VI U.S. Army Corps, Special Orders Number 11, dated 17 January 1967
* FSM's DD Form 2 (U.S. Uniformed Services Identification Card), dated 23 May 1996
* Affidavit for Transfer of Personal Property in the Estate of (applicant's mother), dated 3 January 2013
* affidavit from new home owner of applicant's parents' house, dated 29 October 2013, with FSM's DD Form 1173 (U.S. Uniformed Services Identification and Privilege Card), dated 9 May 1958
* letter to the Army Review Boards Agency from a former member of the FSM's U.S. Army Reserve (USAR) unit, dated 21 November 2013, with his DD Form 2, dated 6 November 2002
* images of two envelope addresses
* photographs

CONSIDERATION OF EVIDENCE:

1.  Following prior enlisted service in the U.S. Marine Corps and U.S. Marine Corps Reserve, the FSM enlisted in the USAR on 27 November 1951.

2.  230th Ordnance Company (Field Maintenance) Special Orders Number 5, dated 11 September 1956, permanently promoted the FSM to the rank of M/Sgt.

3.  The FSM's DD Form 4, dated 27 November 1957, provided by the applicant shows the FSM reenlisted in the USAR for the period of 3 years.  This form shows his rank as M/Sgt.

4.  The FSM's DD Form 4, dated 27 November 1960, shows he reenlisted in the USAR for a period of 3 years.  This form shows his rank as M/Sgt and pay grade as E-7.

5.  Headquarters, VI U.S. Army Corps, Letter Orders Number 6-1158, dated 20 June 1963, ordered members of the 869th Ordnance Company (General Automotive Support) to annual unit training for a period of 14 days effective 13 July 1963.  These orders show the FSM's rank as M/Sgt and pay grade as 
E-7.

6.  Headquarters, VI U.S. Army Corps, Letter Order, dated 3 December 1963, discharged the FSM from the USAR for immediate reenlistment effective 26 November 1963.  This order shows his rank as M/Sgt and pay grade as E-7.

7.  The FSM's DD Form 4, dated 27 November 1963, shows he reenlisted in the USAR for a period of 3 years.  This form shows his rank as sergeant first class (SFC) and pay grade as E-6.  This form further shows he enlisted in the grade of E-6 without prejudice due to the adjustment of grades with table of organization and equipment vacancies.

8.  869th Ordnance Company (General Automotive Support) memorandum, dated 8 January 1965, subject:  Request for Verification of Satisfactory Retirement Years, requests verification of the FSM's retirement years from 1945 through 1954.  This memorandum shows his rank as SFC and pay grade as E-6.

9.  Headquarters, VI U.S. Army Corps, Special Orders Number 215, dated 5 November 1965, appointed the FSM to the permanent rank of SFC and pay grade of E-7.

10.  Headquarters, VI U.S. Army Corps, Special Orders Number 11, dated 17 January 1967, removed the FSM from an active USAR status and transferred him to the Retired Reserve effective 1 January 1967.  These orders show his rank as SFC and pay grade as E-6.

11.  U.S. Army Reserve Components Personnel and Administration Center memorandum, dated 30 April 1975, subject:  Notification of Eligibility for Retired Pay at Age 60, notified the FSM of his eligibility for retired pay upon application at age 60.  This memorandum shows his rank as SFC.

12.  Army Regulation 135-180 (Army National Guard and Army Reserve – Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve Component Soldiers.  Paragraph 1-4 defines retired pay as pay granted to Soldiers and former Reserve Component Soldiers under Title 10, U.S. Code, section 1331, after completion of 20 or more years of qualifying service and upon attaining age 60.  This pay is based on the highest grade satisfactorily held at any time during an individual's entire period of service, other than in an inactive section of a Reserve Component.

13.  The Institute of Heraldry history of U.S. Army enlisted ranks shows that from 1 July 1955 to 31 May 1958 the rank of M/Sgt was pay grade E-7.  Effective 1 June 1958, pay grades E-8 and E-9 were added and rank titles were restructured.  The restructuring of enlisted ranks was announced in Department of the Army Message 344303, dated June 1958, as follows:

* sergeant major – E-9
* specialist nine – E-9
* first sergeant – E-8
* master sergeant – E-8
* specialist eight – E-8
* platoon sergeant – E-7
* sergeant first class – E-7
* specialist seven – E-7
* staff sergeant – E-6
* specialist six – E-6
* sergeant – E-5
* specialist five – E-5
* corporal – E-4
* specialist four – E-4
* private first class – E-3

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his father's records should be corrected to show he retired in the rank of MSG with receipt of retired pay at the E-8 rate was carefully considered.

2.  The evidence of record clearly shows the FSM was promoted to the rank of M/Sgt in pay grade E-7 effective 11 September 1956.  He later accepted a voluntary administrative reduction to pay grade E-6 upon reenlistment on 27 November 1963 based on the adjustment of grades with table of organization and equipment vacancies.  He was then promoted to the rank of SFC in pay grade E-7 effective 5 November 1965 and this is the rank and pay grade he held at the time of his retirement.  His records show pay grade E-7 is the highest grade satisfactorily held at any time during his entire period of service.

3.  In view of the foregoing evidence, there is no basis to grant the requested relief.



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 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 this action in no way diminishes the sacrifices made by his father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father's 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)                                         AR20140000694



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ABCMR Record of Proceedings (cont)                                         AR20140000694



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