MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  29 August 2000
	DOCKET NUMBER:  AR2000036364

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Charles Gainer		Member	
	Mr. Roger W. Able		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:  Promotion to pay grade E-8 effective 13 April 1970.

APPLICANT STATES:  He was forced to decline the promotion to E-8 in order to retire on 1 July 1971.

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

That he enlisted in the Regular Army on 18 June 1951.  His areas of military occupation were in medical and recruiting.  Over his career, he advanced in rank to Sergeant First Class (SFC), pay grade E-7, on 21 January 1966.

On or about 1 April 1970, the applicant received orders for promotion to Master Sergeant (MSG), pay grade E-8.  On 8 April 1970, the applicant signed a disposition form declining the promotion to MSG stating, “Under provisions of 
paragraph 3b, DA Circular 624-81, I decline promotion to MSG E-8 as indicated in paragraph 33, Special Orders 63, dated 1 April 1970.”

Paragarph 3b, DA Circular 624-81 (Recommended List for Temporary Promotion to Master Sergeant E-8), dated 9 September 1969, states, “Declinations of promotion are acceptable only following publication of Department of the Army promotion orders … a letter of declination from the individual concerned (is) to be prepared and submitted through channels within 15 days of issuance of the … promotion order.” 

Acceptance of promotion to MSG entails a two year service obligation from the date of promotion.

On 2 July 1970, while stationed at Recruiting Main Station in Jacksonville, Florida, the applicant applied for voluntary retirement.  His request for retirement was approved and retirement orders were issued on 7 May 1971 specifying a retirement effective date of 30 June 1971 and his retirement rank as SFC, his then current rank.  He retired accordingly with 20 years and 13 days active service.

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 voluntarily declined promotion to MSG.  There is no evidence that the applicant was ‘forced’ to decline this promotion.  There is no evidence of error or injustice in this case.

2.  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

___jm__  ___cg__  __ra__  DENY APPLICATION

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

INDEX

CASE ID	AR2000036364	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion	
2.		
3.		
4.		
5.		
6.