MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 May 2000
	DOCKET NUMBER:   AR2000036836

	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. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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 promoted to the pay grade of E-7 and advanced on the Retired list in that grade.

APPLICANT STATES:  That he was on the E-7 promotion standing list at the time of his retirement; however, if he had accepted the promotion he would have incurred a 2-year service obligation which he felt was unjust.  He further states that under current standards a 2-year service remaining obligation is not required in order to accept promotion to the pay grade of E-7.

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

He enlisted on 5 June 1957 and remained on active duty through a series of continuous reenlistments.  He served as a motor transport operator and was promoted to the pay grade of E-6 on 5 March 1970.

On 4 January 1977 the applicant submitted a request for voluntary retirement by reason of length of service.  He requested that he be retired effective 1 July 1977.  His request was approved on 10 January 1977.

Accordingly, he was honorably released from active duty on 30 June 1977 and placed on the Retired list effective 1 July 1977. He had served 20 years and 26 days of total active service.

Army Regulation 635-200 in effect at the time, served as the authority for enlisted promotions and advancements.  It provided, in pertinent part, that soldiers promoted to the pay grades of E-7, E-8, and E-9 would incur a 2-year service obligation that would be effective on the date of promotion before voluntary nondisability retirement.  Army Regulation 600-8-19 is the regulation that is currently in effect and it contains the same provisions. 

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held while on active duty, as determined by the Secretary of the Army, upon completion 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired) and the Army Grade Determination Board is the agency that reviews the records and/or applications for advancement on the Retired list in behalf of the Secretary, for those who have attained 30 years of 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.  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 advanced to and served in a higher grade prior to his being placed on the Retired list and must have a combined total of 30 years of service (active and/or service on the Retired list).  The applicant did not serve on active duty in the pay grade of E-7 and therefore is not eligible for advancement to that grade on the Retired list. 

3.  Although the applicant may have thought it unjust to incur a 2-year obligation in order to accept a promotion to the pay grade of E-7, the choice was his and his alone to submit a request for retirement rather than incur the obligation to accept the promotion.  In any event, the requirement for a 2-year service remaining obligation is still in effect and the Board finds that the imposition of such an obligation as a condition of promotion does not constitute an injustice.  Therefore, the Board finds that there is no basis for further advancement on the Retired list.

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

___cmf__  _fe _____  __rjw____  DENY APPLICATION

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

INDEX

CASE ID	AR2000036836	
SUFFIX		
RECON		
DATE BOARDED	2000/05/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV GRD	
2.  306	129.0400/HI GRD HELD	
3.		
4.		
5.		
6.