MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 January 2000                  
	DOCKET NUMBER:   AR1999022144

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis 		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 retired pay grade be changed from E-6 to 
E-7.

APPLICANT STATES:  That while in the United States Marine Corps Reserve (USMCR) he was promoted from E-6 to E-7.  In support of his application, he provides a copy of his promotion certificate from the United States Marine Corps which shows that he was promoted to Gunnery Sergeant (E-7) effective 1December 1984.

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

He was born on 6 October 1944.  On 17 May 1994, he was transferred from the United States Army Reserve (USAR) Control Group (Reinforcement) to the Retired Reserve with 20 or more creditable years of service.  His rank at that time was Sergeant (E-5).

The applicant’s personnel records indicate that he served as a Staff Sergeant 
(E-6) in the USMCR from 24 June 1980 to 23 December 1984 when he was discharged.  He had been selected for promotion to the rank of Gunnery Sergeant (E-7) with an effective date of 1 December 1984, however he never served in that grade and did not receive notification of his promotion until on or about 25 February 1998.  On 2 October 1985, he enlisted in the Arizona Army National Guard as a Sergeant (E-5).

Army Regulation 135-180 implements statutory authority governing the granting of retired pay to soldiers and former Reserve Components soldiers.  It states, in pertinent part, that if the soldier was transferred to the Retired Reserve on or after 25 February 1975, the retired grade will be that held at time of transfer, unless the soldier held a higher grade at least 185 days on active duty or in an active reserve 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.  The applicant was promoted to Gunnery Sergeant (E-7) on 1 December 1984, but through an oversight was never advised of this promotion.  He was discharged from the USMCR on 23 December 1984 in the rank of Staff Sergeant (E-6), a rank he held for several years.  He never served as an E-7.

3.  Army regulation requires that a soldier transferred to the Retired Reserve after 25 February 1975 must have served 185 days in a rank to retired in that rank.

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

__RGH__  __GFG__  __BJE___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999022144	
SUFFIX		
RECON		
DATE BOARDED	20000120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	129.0400	
2.		
3.		
4.		
5.		
6.