MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  21 September 2000
	DOCKET NUMBER:  AR2000037219

	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:

	Ms. JoAnn Langston		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Curtis L. Greenway		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:  That his retirement rank be changed to Lieutenant Colonel (LTC), pay grade 0-5.

APPLICANT STATES:  That he provides a copy of a 3 July 1968 order promoting him to LTC as a Reserve commissioned officer, effective 4 July 1968; and a copy of a 7 August 1972 order removing him from active USAR status due to mandatory removal (maximum authorized years of service) and transfer to the Retired Reserve, effective 1 August 1972.

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

That he was enlisted in the Army National Guard on 4 November 1935 to 
16 August 1945 and rose to the rank of Staff Sergeant in the artillery.  He continued enlisted service without a break.  On 18 January 1947, he enlisted in the Regular Army (RA) artillery and continued in RA enlisted service until his discharge on 9 September 1950 to accept a Reserve officer commission as a 
2nd Lieutenant of artillery on 10 September 1950.  He served as a Reserve officer on active duty from 10 September 1950 until retirement on 30 November 1963 as a Major.  Retirement from active duty was a result of a voluntary request after completing 20 or more years active duty.  Upon retirement from active duty, he was transferred to the Retired Reserve.

On 12 February 1964, he requested transfer from the Retired Reserve to the Ready Reserve for the purpose of seeking employment as an Army Reserve Technician.  While serving in the Ready Reserve, he was promoted to the rank of LTC on 4 July 1968.  On 1 August 1972, the applicant was manditorily removed from the Ready Reserve due to reaching maximum authorized years of service and transferred to the Retired Reserve.  Between 4 July 1968 and 1 August 1972, the applicant served active duty periods for a total of less than 3 months active duty time.

The applicant reached his 60th birthday on 13 January 1979.  He has been receiving regular retired pay at the rank of Major since his retirement from active duty on 20 November 1963.

For regular retirement from active duty, a Reserve officer is retired in the highest grade in which he served satisfactorily while on active duty.  In the case of the rank of LTC, a Reserve officer would have to serve in that rank on active duty for 
3 years or at least 6 months if manditorily retired due to the person’s age or years of service.  (Reference Title 10, US Code, section 1370, subparagraphs (d), (d)(3)(A), and (d)(3)(B).) 

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 does not have sufficient active duty time as a LTC Reserve officer to establish satisfactory service in that rank to be eligible for upgrade of this regular retired status from Major to LTC.

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

___jl___  ___ea___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037219	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131.09	Advancement in Grade	
2.		
3.		
4.		
5.		
6.