MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 August 2000
	DOCKET NUMBER:   AR2000037857

	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. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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-7.

APPLICANT STATES:  In effect, that he was reduced from the pay grade of E-7 to the pay grade of E-1 for asking for treatment of a venereal disease while stationed in Japan in 1947 and has since learned that it is illegal to punish someone for reporting a venereal disease.

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

He was initially inducted on 10 March 1943 and was discharged on 11 June 1943 for being too young for induction.  He was re-inducted on 14 July 1944 and served in that status until he enlisted in the Regular Army on 14 November 1945. He remained in the Regular Army until he was honorably discharged on 19 September 1956. 

He again enlisted in the Regular Army on 2 November 1956 and remained on active duty through a series of continuous reenlistments.  He was initially promoted to the pay grade of E-5 on 10 August 1954 and was reduced to the pay grade of E-4 on 26 November 1954, as a result of trial by court-martial.  He was again promoted to the pay grade of E-5 on 29 March 1962.

On 19 May 1964, while serving in the pay grade of E-5, the applicant submitted an Application for Retirement (DA Form 2339) in which he requested retirement by reason of length of service to be effective 31 July 1964. 

On 31 July 1964 he was released from active duty and was placed on the Retired List in the pay grade of E-5, effective 1 August 1964.  He had served 20 years, 2 months and 10 days of total active service.

A review of the applicant’s records fails to show that he was ever promoted beyond the pay grade of E-5 at any point in his career.  His records also show that he was stationed in Japan from 14 September 1953 to 11 June 1955 and that he was reduced from the pay grade of E-5, to the pay grade of E-4 during that assignment.

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 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.

3.  The applicant’s contentions have been noted by the Board; however, they are not supported by either the evidence submitted with his application or the evidence of record. 

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

___cg___  ___alr___  ___clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037857	
SUFFIX		
RECON		
DATE BOARDED	2000/08/24	
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.