MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 August 2000
	DOCKET NUMBER:   AR2000036548

	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. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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:  In effect, that he be advanced on the Retired List to the pay grade of E-8.

APPLICANT STATES:  In effect, that he was promoted to the pay grade of E-8 prior to his retirement but was retired in the pay grade of E-7 and would like to be advanced to the highest grade he held while on active duty.

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

He enlisted on 4 December 1958 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-7 on 18 December 1969.

On 2 October 1978 orders were published by the Department of the Army which promoted the applicant to the pay grade of E-8 effective 1 November 1978.  The orders specified that acceptance of the promotion automatically incurred a 2-year service remaining obligation prior to non-disability retirement.  His records also indicate that he elected to decline the promotion.

On 17 November 1978 the applicant submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 1 March 1979.  He also indicated that the highest pay grade in which he had served was the pay grade of E-7.

His application was approved and he was honorably released from active duty (REFRAD) on 28 February 1979 and was transferred to the United States Army Reserve (USAR) Control Group (Retired) in the pay grade of E-7, effective 1 March 1979.  He had served 20 years, 2 months, and 27 days of total active service.

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 this 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.  In fact, there is evidence to show that he declined the promotion in order to submit his application for retirement. Therefore, there is no basis to promote him to a higher grade or to advance him on the Retired List.

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

___sw___  ____lds _  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000036548	
SUFFIX		
RECON		
DATE BOARDED	2000/08/17	
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.