MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  9 February 2000
	DOCKET NUMBER:   AR1999026752

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol J. Suiter		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 he be advanced to grade O6 on the retired list.

APPLICANT STATES:  That he was an O6 when he was retired as an O5 and he believes that he is now entitled to advancement to O6 now that he has reached his 30th anniversary of total service.

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

He was appointed a Medical Corps captain on 31 March 1974 with almost 8 years prior service.  He continued on active duty and was promoted to grade O5 effective 31 March 1979 and O6 effective 1 March 1985.

On 15 September 1985 he submitted a voluntary request for retirement effective 30 June 1986 for placement on the retired list effective 1 July 1986.  In his request he acknowledged that he was entitled to the retired grade of O5.

A DA Form 3713 (data for retired pay) shows that he would be credited with 20 years and 6 months service with the retired grade of O5.  The statute governing the retired grade was shown as Title10, USC, section 1370.

Effective 30 June 1986 the applicant was separated from active duty and transferred to the Retired Reserve for length of service.  His retired pay grade was shown as O5.

Title 10, USC, section 1370 provides the provisions for commissioned officers retired grades.  It provides that, for an officer to voluntarily retire in a grade above major, he must have served on active duty in that higher grade for not less than 3 years.  There are no provisions for later advancement on the retired list for commissioned officers.

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.  The applicant is not entitled to advancement to a higher retired grade under any provision of law.  At the time of his voluntary retirement, he acknowledged that his retired grade would be O5.

2.  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.

3.  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

__RO___  ___DJ___  ___CS___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026752	
SUFFIX		
RECON		
DATE BOARDED	2000/02/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.