MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            14 July 1999
	DOCKET NUMBER:   AR1998013526

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

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John Saputo		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his pay grade on the Retired list be changed to the pay grade of E-7.

APPLICANT STATES:  In effect, that he was promoted to the pay grade of E-7 on 9 November 1966 and he signed a statement acknowledging that he would serve the 2-year service remaining obligation; however, he was never afforded the opportunity to do so.  He goes on to state that he was informed that he was to out-process and never received an explanation as to why his promotion did not take effect.  He further states that he did not remember the issue until he found a copy of the orders in an old brief case while cleaning house.  In support of his application he submits a copy of his promotion orders to the pay grade of E-7 dated 9 November 1966 with the word “Revoked” written across the front and a copy of a statement signed by the applicant in which he agreed to serve a 2-year service obligation upon acceptance of a promotion.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 2 December 1942 and he remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 19 October 1963.

On 24 October 1966 he submitted an Application for Voluntary Retirement (DA Form 2339) based on length of service.  His scheduled expiration of term of service at that time was 5 October 1967 and he requested to be retired effective 31 January 1967.  His application was approved on 26 October 1966.

A review of the applicant’s records failed to reveal a copy of the promotion orders provided by the applicant or any indication in his records that he had been promoted.

On 31 January 1967 he was honorably released from active duty in the pay grade of E-6 and was transferred to the USAR Control Group (Retired) effective 1 February 1967.  He had served 24 years, 1 month, and 21 days of Active Federal Service.

Army Regulation 600-200, in effect at the time, served as the authority for enlisted promotions.  It states, in pertinent part, that enlisted personnel who have an approved request for retirement are in a non-promotable status effective the date the request is approved.  Personnel in a non-promotable status cannot be considered for or promoted while in a non-promotable status.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Although the applicant’s promotion or revocation of the promotion is not present in the available records, his application for retirement and supporting documents clearly show that he applied for and received approval for voluntary retirement prior to the promotion orders being published.  Consequently, he was not eligible to accept the promotion unless he withdrew his application for retirement.

3.  There is no evidence in the available records to show that the applicant submitted a request to withdraw his request for retirement or that such a request was approved.  Therefore, the applicant was properly retired in the pay grade of E-6.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___js ___  __ew____  __sac___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013526	
SUFFIX		
RECON		
DATE BOARDED	1999/07/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310 	131.0000/PROMOTION	
2.		
3.		
4.		
5.		
6.