MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 September 2000 
	DOCKET NUMBER:   AR2000037719

	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. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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 rank of major.

APPLICANT STATES:  In effect, that he was promoted to the rank of major in the United States Army Reserve (USAR) while serving on active duty in the pay grade of E-9 and now; after having served 30 years of active service and service on the Retired List, he desires to be advanced on the Retired List to the highest grade he held while on active duty.

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

He enlisted on 18 June 1965 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-9 on 5 February 1987.

Meanwhile, on 22 March 1978 he accepted a USAR commission as a first lieutenant and was promoted to the rank of major on 20 March 1989 (while serving on active duty in the pay grade of E-9).

On 13 March 1992, he submitted an application to retire as a commissioned officer in the rank of major.  His application was forwarded to the Total Army Personnel Command (PERSCOM) who in turn advised him that retirement as a commissioned officer required at least 10 years of active service as a commissioned officer.  The PERSCOM further advised him that he was eligible to apply for retirement in his enlisted grade and disapproved his request for retirement as a commissioned officer. 

The applicant submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 1 September 1992.  He indicated at that time that the highest grade he had served on active duty was the pay grade of E-9.  His application was approved and he was released from active duty on 31 August 1992 and was placed on the Retired List in the pay grade of E-9, effective 1 September 1992. 

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held on active duty, 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 clearly was promoted to the rank of major in the USAR while serving on active duty in the pay grade of E-9; however, there is no evidence in the available records to show that he ever actually served on active duty as a commissioned officer.  Accordingly, he was properly retired in the highest enlisted grade in which he served on active duty. 

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

___cla___  ___wtm _  ___tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037719	
SUFFIX		
RECON		
DATE BOARDED	2000/09/07	
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.