MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 July 2000
	DOCKET NUMBER:   AR2000036391

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 pay grade of E-9.

APPLICANT STATES:  In effect, that he should be advanced on the Retired List to the pay grade of E-9, the highest rank he successfully served in on active duty from 23 January 1989 to 1 July 1990.

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

The applicant initially enlisted on 13 June 1967 for a period of 3 years and served until he was honorably released from active duty on 13 January 1970 as an early overseas returnee and was transferred to the USAR Control Group (Reinforcement).

On 4 May 1971, he again enlisted for a period of 3 years and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-8 on 11 November 1984.

He attended the Sergeant Major Course and successfully completed course standards on 12 January 1989.

On 17 April 1989 the applicant completed a retirement briefing checklist indicating that he had been considered by a Department of the Army Promotion Selection Board and that he had a sequence number of 0299.  He also indicated that he had signed an Application for Voluntary Retirement (DA Form 2339) and that he understood the provisions for requesting withdrawal of his application.  He requested that he be retired effective 1 July 1990 and indicated that the highest grade he had served in was the pay grade of E-8.  His request was approved on 5 July 1989 and retirement orders were published on 10 July 1989.

On 28 September 1989 Department of the Army (DA) orders were published which promoted the applicant to the rank and pay grade of Sergeant Major (SGM) E-9.  The orders specified that acceptance of the promotion automatically incurred a 2-year service remaining obligation and that the promotion was not valid and would be revoked if the individual was not in a promotable status.  On 20 November 1989, orders were published by DA that revoked the applicant’s promotion under the provisions of Army Regulation 600-200, paragraph 7-6.

The applicant was honorably released from active duty on 30 June 1990 and was transferred to the USAR Control Group (Retired) in the pay grade of E-8, effective 1 July 1990.  He had served 21 years, 8 months, and 28 days of total active service.

Army Regulation 635-200, paragraph 7-6, provides the categories for enlisted personnel which constitute a non-promotable status.  It states, in pertinent part, that a person who has an approved voluntary retirement application is in a     non-promotable status.

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held, 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 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 was properly promoted to a higher grade than he held at the time of retirement.  Therefore, there is no basis to promote him to a higher grade or to advance him on the Retired List.

3.  Furthermore, given the evidence of record, and the fact the he was aware that he had been selected for promotion prior to requesting retirement, it appears that he made a conscious decision to decline the promotion, not to serve the 2-year service remaining obligation, and instead to elect retirement.  It also appears that his promotion orders were properly revoked; an action which negated his promotion to the pay grade of E-9.  Therefore, the Board finds that he did not satisfactorily serve in the pay grade of E-9.

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

____ja___  __mm___  __jlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000036391	
SUFFIX		
RECON		
DATE BOARDED	2000/07/13	
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.