MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR2000037270

	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. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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-8.

APPLICANT STATES:  In effect, that he should be advanced on the Retired List to the pay grade of E-8, the highest grade in which he satisfactorily served.  In support of his application he submits a copy of his promotion orders, an evaluation report as a First Sergeant, his award of the First Sergeant identifier, and an award of the Army Commendation Medal (ARCOM) for his performance as a First Sergeant.

EVIDENCE OF RECORD:  The applicant's military records were not available for review by the Board.  However, the documents submitted by the applicant show:

Promotion orders were published on 3 July 1978 announcing the applicant’s promotion to the pay grade of E-8 effective 1 August 1978.  The orders specified that acceptance of the promotion would incur a 2-year service obligation prior to non-disability retirement.

On 31 December 1978 he was retired by reason of length of service.

The evaluation report submitted by the applicant shows he was evaluated in the pay grade of E-7 as performing the duties of a company First Sergeant authorized in the pay grade of E-8.  His supporting documents also show that he was awarded the special qualification identifier of a First Sergeant on 26 March 1976 and that he received an Army Commendation Medal on 15 September 1976 for duties performed as a First Sergeant.

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 of 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 advanced to a higher grade prior to his being placed on the Retired List.  The applicant has not submitted evidence with his application to show that he was ever 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.  While the applicant has shown that orders were published which authorized him to be promoted to the pay grade of E-8, the promotion was conditional on his incurring a 2-year service remaining obligation prior to non-disability retirement.  Inasmuch as he retired approximately 4 months after the effective date of the promotion, it is reasonable to presume, in the absence of evidence to the contrary, that he elected to decline the promotion and the obligation that went along with the promotion.

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

___esc __  ___js ___  __cmf___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037270	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
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.