MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 July 2000
	DOCKET NUMBER:   AR1999027696

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		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:  Advancement on the Retired List to the rank and pay grade of Major (MAJ)/O-4.

APPLICANT STATES:  In effect, that at the time he applied for retirement he applied for retirement in the rank of major but was retired in the rank of Chief Warrant Officer Four (CW4).  He further states that he was serving in a dual component status as a MAJ at the time he was serving on active duty as a CW4 and he participated in USAR training for the Armor Officer Advanced Course and the Command and General Staff Course (C&GSC).  He goes on to state that he now has 30 years of combined service and desires to be retired in the rank of MAJ. 

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

He enlisted on 23 July 1969 and served in an enlisted status until he was honorably discharged on 2 September 1970 to accept an appointment as a  USAR Warrant Officer One (WO1) with a concurrent call to active duty as an aviator.  He remained on active duty as a rotary wing aviator and was promoted to the rank of CW4 on 1 March 1985.

His records also show that on 7 July 1980 the applicant was appointed as a USAR Captain while serving simultaneously on active duty in the rank of Chief Warrant Officer Three (CW3).  He was promoted to the rank of MAJ in the USAR on 18 August 1987.  However, there is no indication in the available records to show that he ever served on active duty in that rank.

On 31 August 1990 he was honorably released from active duty and was transferred to the USAR Control Group (Retired) in the rank of CW4 effective 1 September 1990.  He had served 21 years, 1 month, and 8 days of total active service.

Title 10, United States Code, provides, in pertinent part, that enlisted and warrant officer personnel may be advanced in grade to the highest grade in which they satisfactorily served on active duty, as determined by the Secretary of the Army, upon completing 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

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.  In order to be advanced to a higher grade on the Retired List, the applicant must have at some time been properly advanced to and satisfactorily served on active duty in a higher grade prior to his being placed on the Retired List.  The applicant has not submitted evidence with his application, and the evidence of record does not contain any evidence to show that he ever served on active duty in the rank of MAJ.  Therefore, there is no basis to advance him on the Retired List to a higher grade.

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

___gp___  __mvt___  ___eb ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999027696	
SUFFIX		
RECON		
DATE BOARDED	2000/07/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV ON RET LIST	
2.		
3.		
4.		
5.		
6.